[1661/1/476]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of his estates of parliament, ratifies and approves and, for his hienes and his successors, perpetuallie confirmes to and in favours of James, lord Rollo the charter of the date at Edinburgh, the tuentie sext day of August 1611† yeers made and granted be King James the sixth,† of blessed memorie, to the deceast William Rollo of Duncrub, of all and sindrie the lands and barronie of Duncrub, and haill pertinents thairof, lying within the shirreffdome of Pearth, therby makeing and createing and erecting all and haill the lands of Kirktoun of Donyng with the pertinents, being ane parte of the said barronie, in ane frie burgh of barronie for ever, with full power and frie facultie to the inhabitants thairef present and to come, to buy and sell therin wyne, wax, cloath, lining and woollen, broad and narrow, and all other merchandice, and with power of haveing and holding within the said burgh baxters and brewars, killers of fish, alsweill as of flesh, and all other craftsmen belonging to the libertie of ane burgh of barronie, and that ther be frie burgesses within the said burgh who should have power, with consent of the said umqhile William Rollo and his successors, to choise baillies and all other officers necessarie for governing thairof, with power to the saids burgesses and inhabitants to have and hold therin continuallie ane mercat croce with ane mercat day everie week upon the Monday, and ane publict fair yeerly upon the feist of St Findocie for the space of eight dayes, with the haill tolls and liberties belonging or which might belong to publict fairs in all tymecomeing, with power and liberty lykwayes to the said William and his aires to set out the saids lands of the Kirktoun of Donyng, in haill or in parte, in burges particats heretablie for building and reparation of the said burgh. [This] together with that other charter and infeftment of the date the eighteinth day of March 1642 yeers granted be King Charles the first, of ever blessed memorie, to the said James, now lord Rollo, therin designed Sir James Rollo, eldest lawfull sonne to umqhile Sir Andrew Rollo of Duncrub, knight, thairafter Lord Rollo, his father, and to Dame Marie Campbell, his spous, in conjunct fie and lyverent dureing all the dayes of her lifetyme, and thair airs therinmentioned, off all and haill the saids lands and barronie of Duncrub, and so of all and haill the said burgh of barronie with all lands, tenements, houses, bigings, priveledges, liberties, exactions, customes and pertinents thairof abovewritten, lyeing as said is, mentioned and contained in the said first charter, to beholden in maner exprest in the saidis tuo charters, as in the same of the dates abovewritten at more lenth is contained; together with the precepts and infeftments following therupon, in all and sindrie heads, articles, clauses, obleidgements, points, circumstances and conditions of the same whatsumever specified and conteined thairintill, dispenseing with the generality forsaid and admitting, decerneing and declareing the same to be als valeid and sufficient and of als great force and strenth, in all respects, as if the saids charters wer speciallie and at lenth verbatim insert heirintill. Lykeas, our said soverane lord and estates forsaid of this present parliament, wills, grants, declares, statuts and ordaines that the said James, lord Rollo and his successors, and als the inhabitants of the said burgh of Donyng, shall peaceablie brooke, joyse and possesse the said burgh of Donyng, and haill liberties and priveledges thairof particularly abovementioned perteaning thairto at thair pleasure, as their heritage, als freely in all respects as any other burgh of barronie within this realme, after the forme and tenor of the said charters and infeftments following thairupon, perpetually in all tymecomeing, but any stop, trouble or impediment whatsumever to be moved or made in the contrare be whatsumever persone or persons notwithstanding of any defect or infirmitie if any be contained in the saids infeftments, wheranent our said soverane lord, with advice and consent forsaid, hes dispenced and dispences for ever.
[1661/1/477]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of his hienes['s] estates of this present parliament, ratifies and approves the charter made and granted be his majesties' deceast royall grandfather King James the sext, of glorious memorie, under the great seale of his antient kingdome of Scotland, to the deceast James, earle of Murray, lord Abernathie and Doun, grandfather to Alexander, now earle of Murray, and to the said deceast James, earle of Murraye's airs male and of tailzie mentioned in the forsaid charter, which is of the date at Roystoun the sexteinth day of Aprile 1611 yeers, of all and haill the lands, lordship and earledome of Murray, comprehending all and sindrie the lands, barronies and others exprest in the said charter, and specially but prejudice of the generalitie abovementioned of the burghs of barronie of Darnway, Doun, alias Douncampsie, and Fishertoun of Pettie, with all their houses, bigings, yeards, aikers, tofts, crofts, outsets, partes, pendicles and pertinents thairof, together with the power and priviledge to buy and sell wyne, wax, cloath, narrow and broad, lining and woollen, and all other sort of merchandice used and wont to be sold in any other burgh of barronie within this kingdome, and to make and create frie burgesses within the forsaids burghs of barronie, and to have therin baxters, brousters, maltmen, fleshers, fishmuingers and all others artificers requisite in a frie burgh of barronie, as also to choise and elect baillies and other officers for the government of the same burghes, and to big and erect therin mercat croces, with tolbuiths for administrateing justice to the burgesses and others concerned, together likewise with paroche churches for preaching of the word and administrating of sacraments, and siclyk to have and hold within the forsaid burgh of Darnway tuo frie fairs yeerlle upon the dayes respective underwritten viz, one thairof vpon the tuentie-tuo day of September, and the other of the same upon the tuentie-tuo day of October, and ane weekly mercat upon Frydday, and lykwayes to keep and hold, within the forsaid burgh of Doun, alias Douncampsie, tua frie faires yeerly upon the dayes respective aftermentioned viz, one therof upon the tuentie-fourt day of July, on the Parktounmoore of Doun, and the other on the Castlehill of Doun, upon the sexteinth of October, with ane weekly mercat upon Frydday, and siclyk to keep and hold within the forsaid burgh of Fishertoun of Pettie tuo frie faires yeerly upon the dayes underwritten, to wit, one therof upon the last day of August and the other of the same upon the fifteinth day of October yeerly, together with a weekly mercat upon Frydday for selling and buying of horse, nolt, sheip, victuall and all other sort of merchandice, with all and sindrie the tolls and customes of the forsaidis frie faires and weekly mercats, and all priveledges, liberties, proffeits and commodities whatsumever belonging to frie burghs of barronie, siclyk and als freely in all respects as any other of his majesties' frie barons within the forsaid kingdome hes brooked and possessed or may brooke and possesse their frie burghs of barronie of his majestie and his predicessors or successors in any tyme bygone or to come; together likewise with the precept and instrument of sasine following upon the forsaid charter, and all that hes followed therupon, in favors of the said Alexander, now earle of Murray, and the deceast James, earle of Murray, his father, in all and sindrie points, articles and clauses thairincontained, after the formes and tenors of the same, and declares, statuts and ordaines that this present generall ratification thairof shall be als valeid, effectuall and sufficient, in all respects, as if the same wer at lenth insert heirin, and had been befor the death of the said deceast earles of Murray, father and grandfather to the said Alexander, now earle of Murray, wheranent and anent all other defects and imperfections, which may be alledged against the premisses, and this present ratification thairof, our soverane lord, with advice and consent forsaid, hes dispensed for ever. And further, our soverane lord, with advice and consent forsaid, heirby declares that it shall be leisum to the said Alexander, now earle of Murray, his airs male and successors, to brooke and joyse the burghs of barronie respective abovespecified, with the free fairs, weekly mercats, tolls, customes, libeities, priveledges and immunities particularly and generally aboverehersed, siclyk and als freely as any other heritor of any burghs of barronie within this realme hes brooked or may brook the same, notwithstanding that the keeping and holding of the forsaids frie fairs have been interrupted be the late troubles, and ordaines publication to be made of the samen frie fairs and weekly mercats at the mercat croces of the burghs of Elgine, Forres, Innernes and all other places neidfull.
[1661/1/478]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with consent of the estates of this present parliament, ratifies, approves and confirmes the charter made and granted be his majesties' royall father, of glorious memorie, under his great seale, with consent of the commissioners of exchequer thairinmentioned, to the provest, baillies, councill and communitie of his majesties' antient burgh of Dundie, and thair successors, wherby he ratified and approved all and sindrie charters, infeftments, evidents, rights and securities made, given and granted be the deceast King James the sext, his majesties' grandfather, of ever blessed memorie, or be the deceast Queen Marie or be the deceast kings, James the fyft, fourt, thrid, second and first, his majesties' most royall predicessors, of eternall memorie, or be whatsumever others his majesties' predicessors kings of Scotland, to the provest, baillies, councill and community of his majesties' forsaid burgh of Dundie, and thair successors of the samen burgh of Dundie, of the liberties, priveledges, immunities, tolls, customes, dewties, mercats, fairs, milnes, fishings, peir and shore proffeits, and other dewties belonging to his majesties' burgh abovespecified, mentioned and contained in the particular charters, infeftments, rights and securities made and granted be his majesties' said royall grandfather, or be any others of his majesties' predicessors kings of Scotland, to them and namelie (but prejudice of the generalitie of the forsaids charters, infeftments, rights and securities) the particular evidents aftermentioned, to wit, the commission or procuratorie made and granted be the deceast Robert, king of Scots, constituteing and nameing his chancellour and chalmerlane to revise and recognosce the liberties which the burgesses of his majesties' forsaid burgh of Dundie had or possest the tyme of the deceast Alexander, king of Scots, his predicessor, and to returne answer to the said deceast King Robert according to the evidence, which should be recognosced and fund be them concerning the same, of the date the tuentie tuo day of June and tuentie yeer of the said deceast King Robert's reigne. As also, the declaration and recognition made be the saids chancellour and chamberlane to the said deceast King Robert of the liberties and priveledges which they fund wer given and disponed to the forsaid burgh of Dundie be the said deceast King Alexander and his predicessors kings of Scotland, of the date in the yeer of our lord 1352. The charter made be the said deceast King Robert to the forsaids burgesses of Dundie and thair successors, of all liberties and rights which they had and possest the tyme of the deceast William, king of Scots and which the said deceast King Williame gave formerlie to the deceast David, his brother, of the samen burgh of Dundie, and of the immunities and customes with frie mercats and fairs used be them the tyme of the said deceast King Alexander, and of certane other donations, liberties and priveledges granted to them and particularly exprest in the said charter, which is of the date the fourt day of March and tuentie-tuo yeer of the reigne of the said King Robert. Another charter made be the deceast David, king of Scots giveing and to few ferme letting to the burgesses of Dundie the forsaid burgh with the pertinents, and specially with power to them to compell the haill inhabitants of the forsaid burgh, who shall resort to the fairs of the samen burgh of Dundie with the burgesses thairof, to pay contributions with the remanent burgesses of the same towards the support, help and releiff of these burdens imposed upon the said burgh, and dischargeing any other duelling within the shirreffdome of Forfar to buy wooll, skins or hyds except the burgesses of the forsaid burgh of Dundie, and such others as shall have libertie granted to them be rights and securities granted be the said deceast King David, or any others his predicessors thairupon, this charter is dated the tuentie day of January and threttie yeer of the said deceast King David's reigne. Another charter granted be the said deceast King David inhibiteing all mercats at Couper or any other place in prejudice of the forsaid burgh of Dundie, and ratifieing and approveing all and sindrie old infeftments, priveledges, liberties and possessions which the forsaid burgh of Dundie and burgesses thairof had and used and whairof they wer in use and possession, and specially of thair pittie customes, harbouries and shore dueties, proffeits, priveledges and dueties of the same and others at lenth mentioned in the forsaid charter, which is of the date the fourt day of March and tuentie-thrid yeer of the said King David's reigne. The charter of confirmation granted be the deceast King James the fourt, of glorious memorie, to the forsaid burgh of Dundie and burgesses thairof, ratifieing and approveing the fyve evidents and charters respective abovespecified in all points, articles, clauses and priveledges thairof, and all and sindrie other old infeftments and priveledges granted to the said burgh, which charter is of the date the nynteinth day of March 1511. The charter granted be his majesties' said deceast royall grandfather, King James the sext, of blessed memorie, in favours of the provest, baillies, councill and communitie of the forsaid burgh and thair successours, ratifieing and approveing the charter of confirmation abovespecified granted to them be the said King James the fourt, and certane other charters and infeftments at lenth therinexprest and, be vertew of the which charter, his majesties' said royall grandfather of new gave, granted, disponed and confirmed to the provest, baillies, councill and communitie of the forsaid burgh of Dundie and their successors, all and haill the samen burgh, with all lands, tenements and annualrents lyeing within the said burgh and territorie thairof, and all and sindrie, priveledges and imunities of the same whairof they and thair predicessors, at any tyme bygone, wer in possession, together with the pittie customes, shore dues, proffeits and dewties, and with the tolls, customes and dewties of the fairs and mercats of the said burgh used and wont, with the immunities, priveledges and liberties of the water of Tay, loading and unloading of ships and boats at any parte thairof, at thair pleasure on both sides of the samen fra the burnmouth of Innergarie on the west to the place which is called the Gaw of Barrie at the east on the southside of the said water of Tay,† with power to hinder and imped others to load or unload whatsumever ships or boats in that parte of the forsaid water within the bounds aboverehearsed, and to uplift and receave the haill small customes, shoresilver and other dueties within the bounds abovementioned, als freely in all respects as the burgh of Edinburgh uplifts at Leith, or any other royall burgh or other persons uplift at any other seaport of the kingdome; and lykwayes, to uplift tuelve pennies of every tun of goods to be imported within or exported furth of whatsumever ship or other vessell within the mouth of the forsaid water of Tay, in all tymes after the date of the forsaid charter, and to imploy the same to the use therinspecified; and siclyk, the salmond fishings and other fishings on the northside of the said water of Tay betuixt the burnemouth of Innergaurie at the west and the craig called Kilcraig at the eist, together also with the tuo castle milnes and windmilnes builded and situate within the forsaid burgh libertie and territorie thairof, and with the astrict multars and knaveships of all grains whatsumever perteaning to the inhabitants of the forsaid burgh, or any others bringing their cornes to be grund at the saids milnes or any of them, with libertie and priveledge also to build and have moe watermilnes and windmilnes in the forsaid burgh, and libertie thairof with milnedams, aquaeducts and houses coresponding therto for the common utilitie of the samen burgh; and lykwayes, the common meadow lyeing upon the northside of the Murray gate of the said burgh, and all other greens, meidows, marishes and mures perteaning to the samen burgh and libertie thairof, and whairof the saids provest, baillies, councill and comunitie and thair predicessors have beene in possession at any tyme bygone. And in lykmaner, the superioritie of the thrid parte of the lands of Cragie, with the chaplanrie of St Marie founded within the kirk of St Clemence, and all lands, tenements and annualrents belonging to the samen chaplanrie and church, together with the said kirk called St Clemence Kirk, and all and sindrie lands, tenements, houses, bigings, kirks, chappells, yeards, orchyeards, crofts and annualrents which belonged of befor to the friers, predicants, Dominicants, Minorits and Fransiscans, and whatsumever other monkish, friers, chaplanes and prebends with the places and manners of the forsaids friers, chaplans and prebenders founded within the said burgh and territory thairof; together also, with full and frie power of holding courts for administration of justice and punishment of transgressours, according to the qualitie of their offences, conforme to the lawes and practick of this kingdome, and to uplift the unlawes, escheits and amerciaments of the samen courts with the bloodweits, so oft as they shall occur, and to apply and dispose upon the same to the common good of the said burgh. And siclyk, with power to have ane deane of gild and gild councill, and to exerce all the jurisdiction thairof within the forsaid burgh according to the act of parliament made theranent, and also to uplift for clangeing of the streit and mercat place of the forsaid burgh of everie load of victuall and salt which shall happin to be brought to be sold, either at the mercat or at whatsumever house or other place within the said burgh, ane ladlefull according to old use and wont, now restricted be the lords of secret councill be commission fra the parliament 1633 to ane halff leipie, be their decreit dated 26 September 1633, and for everie load of fish, ane pennie and for everie load of sheip, beives, butter and egs, ane pennie, and for everie horse standing louse in the way after he is unloaded, a pennie, and such lyk other customes used and wont; and lykwayes, all and haill the viccarage of the kirk and paroche of Dundie, with all and sindrie fruits, rents and emoluments whatsomever belonging to the samen viccarage, to be uplifted be the forsaids provest, baillies, councill and communitie and their successors, their factors and chamberlanes yeerlie and termelie, to be imployed for sustenance of the ministers serveing the cure at the kirk of Dundie, and intertaining of the poore within the hospitall thairof. Lykeas, his majesties' said royall father, of glorious memorie, be the charter abovespecified granted be him, of new gave, granted, disponed and confirmed to the saids provest, baillies, councill and communitie of the said burgh of Dundie, the forsaid burgh of Dundie, with the haill lands, tenements, annualrents and others particularly and generallie abovementioned, and at lenth specified in the same charter, wherby it is declared that the person of Dundie shall have no parte of the forsaids viccarage since he is otherwayes provyded. And farder, his majesties' said royall father, be the forsaid charter for the causes therin specified, gave and disponed to the forsaid burgh of Dundie the small impost of four pund[s] of the tun of all wynes vented within the said burgh; as also, the weigh house of the samen burgh with all priveledges, customes, casualities and dewties dew and belonging therto and to the weights of the same, whairof the saids provest, baillies, councill and communitie of the said burgh are and wer in use and possession, in any tyme bygone, and to enjoy and possesse the haill priveledges belonging therto and be themselffs, or thair factors and chamberlanes in thair names, to collect, uplift and intromet with the customs and casualities thairof, and generallie to doe all other things theranent siclyk and als freelie as the burgh of Edinburgh have done or may doe. And in lykmaner, his majesties' said royall father, be the said charter and for the causes therinmentioned, gave, granted and disponed to the provest and baillies of the said burgh of Dundie, and thair successours in all tymecomeing, the office of shirreffship of the samen burgh of Dundie and haill bounds, lands, common aikers, crofts, milnes, fishings, woods, wayes, passages, feilds and others whatsumever belonging therto within the precinct and liberty of the samen, with all liberties, priveledges, fies, casualities, commodities, dewties and immunities belonging and perteaning to the forsaid office of shirreffship within the bounds aboverehearsed, be the law and practick of this realme, and siclyk made and constitute the provest of the forsaid burgh elected and to be elected, in all tyme comeing, principall shirreff and the baillies elected and to be elected, shirreff deputs conjunctlie and severally under him, of the same burgh, lands, bounds, commontie and others abovespecified, with power and libertie to them and their deputs conjunctlie and severallie to keep and hold courts, alswell criminall as civill, als oft as neid bies within the forsaid burgh, lands, commonties, milnes and others aboverehearsed, belonging therto or within any parte of the samen bounds, alswell against their oune nighbour burgesses and inhabitants of the forsaid burgh and communitie thairof, as against all other persons frequenting the same burgh and territorie thairof who shall be attatched for whatsumever cause and offence, criminall or civill, committed be them within the forsaid burgh bounds and territorie thairof, and to administer justice and use and exerce the forsaid office of shirreffship, and generallie to doe all other things therin, siclyk and als freelie as any other shirreff hes used and exerced the forsaid office in any other shirreffdome, burgh or jurisdiction, and to that effect his majesties' said royall father exeemed the forsaids provest, baillies, councill and communitie of the said burgh of Dundie, and haill burgesses and inhabitants thairof present and to come, fra the jurisdiction of the shirreff of Forfar and his deputs in all tymecomeing, and ordained all letters of horning, poinding, inhibition, appriseing and all other letters raised against any of the burgesses and inhabitants of the forsaid burgh of Dundie, and haill burgesses and inhabitants thairof, and all letters of relaxation to be used at any of their instances, to be proclamed, used and execute at the mercat croce of the samen burgh, and that the forsaids letters of horning, inhibition, relaxation and all other letters of that nature in tymecomeing be registrat in the court books of the said burgh be the clerk thairof, which are declared to be als sufficient as if the same were registrat in the shirreff court books of Forfar, as the said charter, containing diverse others lands, priveledges, liberties and immunities particularly and generally therinmentioned, of the date at Holyrudhouse, the fourteinth day of September 1641, at more lenth proports. And moreover, our soverane lord, with consent of the estates of this present parliament, ratifies, approves and confirmes the charter of mortification granted be his majesties' said royall father, of everlasting memorie, with consent of his commissioners of exchequer therinspecified, of the date the said fourteinth day of September 1641, to the provost, baillies, councill and communitie of the forsaid burgh of Dundie and their successors, and annexed and incorporat to the forsaid burgh of the teindsheaves of all and sindrie touns, lands, barnes and others whatsumever, lying within the paroche of Longforgund and shirreffdome of Pearth, dispensing with the generalitie; as also, of the advocation, donation and right of patronage of the samen paroche kirk of Longforgund, with power to them to present a sufficient minister to the forsaid kirk and modified stipend thairof, so oft as the samen shall vaik, which teinds and patronage his majesties' said royall father dissolved from the croun and united and annexed the samen to the forsaid burgh, to the effect and for the causes exprest in the forsaid charter, as the samen at mair lenth bears; together also with the precepts and sasines following upon the haill charters, particularlie and generallie aboverehearsed, in all and sindrie points, articles and clauses therincontained, after the formes and tenors of the samen, and declares, statuts and ordaines that this present generall ratification thairof shall be als valeid and sufficient, in all respects, as if the samen wer at lenth insert heirin, dispensing with the not inserting thairof in this present act. Besids, our soverane lord and estates of this present parliament, heirby declare that the charter abovespecified granted be his majesties' said royall father, of glorious memorie, in so far as concernes the tenor and contents of the seven evidents abovementioned related in the samen charter, as is aboverehearsed, shall make faith and be of als great force and effect for secureing of the saids provest, baillies, councill and communitie of the forsaid burgh of Dundie and their successors, as to the particulars mentioned in the said charter relateing to the forsaids seven evidents, as if the same principall evidents wer extant of the dates aboverehearsed mentioned in the said charter, and that no certification shall be granted against them for not production of the samen evidents in any processe of reduction or improbation that shall be intentit at the instance of any partie pretending interest to reduce or improve the same, and in testimony thairof, his majestie and estates of this present parliament, of certane knowledge, statute and ordaine that this declaration shall be of force and validitie, notwithstanding of the act of salvo jure to be made in this present parliament, and of whatsumever other exceptions and alledgeances that may be proponed against the forsaid declaration and validitie therof. Becaus the provest and baillies of the forsaid burgh haveing tendered a petition to his majesties' commissioner and estates of parliament notifieing that upon the occasion of the intakeing of the forsaid burgh of Dundie be the English in the yeer 1651, for the provost, baillies, councill and communitie of the samen burgh their loyaltie to his majestie and the royall interest, the charter kist of the forsaid burgh, wherin the haill evidents thairof wer, wes broken up by the English souldiers, and all the writs taken out of the samen and many of them brunt and destroyed, and verie few of them gotten bak agane and, inrespect thairof, craveing that his majesties' commissioner and estates of parliament might be pleased to take the samen to consideration, and some effectuall course theranent. Which petition and desire therof, being considered be them, they, in pursueance of the samen, ordained famous witnesses to be cited to declare theranent, who, accordingly being cited, compeiring, sworne and examined, deponed that the forsaid charter kist wes broken up by the English souldierie, and all the writs belonging to the burgh wer taken furth therof be the samen souldierie, and many of the saids writs brunt and destroyed be them and verie few gotten bak agane, inrespect whairof, our soverane lord and estates of this present parliament, did statute and ordaine in maner abovespecified.
[1661/1/479]*[print] [email] [cite] [preceding] [following]
Our soveran lord, with advice and consent of the estates of parliament, ratifies and approves the letters of disposition and alienation made and granted be Sir Alexander Blair of Bethaiock, with advice and consent of Dam Elizabeth Fothringhame, his spous, to William Blair, now of Kinfauns, of the date the eight and fourtein dayes of February 1654 yeers, wherby the said Sir Alexander, with consent forsaid, sold, annalied and heretablie and irredeemablie disponed to and in favours of the said William Blair, and his airs and assignayes therinmentioned, all and haill the lands and barronie of Kinfauns, Craigtoun and others particularly therinexprest, teindsheaves, salmond and other fishings, heretable office of baillierie and keeping of the water of Tay, at more lenth mentioned in the saids letters of disposition and of the warrandice lands of Balthyock, Nether Balmyles and Potento likewise thairincontained, all lyand within the shirreffdome of Pearth, to be holden and with warrandice, in maner also therin exprest, together with the charters, precepts and instruments of sasine following therupon, with all rights and infeftments that hes followed or may follow upon the same, in all and sindrie heads, articles, clauses and conditions thairof, after the forme and tenor of the samen; and declares this present ratification and confirmation to be als good, valeid and effectuall, in all respects and to all purpose, and to the said William Blair and his forsaids for brooking, joyseing and possessing the forsaids baronies, lands, office, teindsheaves, fishings and others specified in the said disposition with the charters forsaids, as if the samen, with the precept and instrument of sasine following therupon, wer all verbatim and at lenth heirin insert, wheranent his majestie and estates of parliament dispenses for ever. And farder, declares that this present ratification shall not prejudge any alteration of the tailzie contained in the said disposition alreadie made be the said William, bot that he may yet alter the same and appoint such airs to succeid to him as he shall think fitt.
[1661/1/480]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of his estates of parliament, ratifies and approves the charter and infeftment granted be his majesties' most noble progenitor King James the fourt, of happie and blessed memorie, to the provest, baillies, councill and communitie of the burgh of Kintore, of the samen burgh of Kintore and of the lands, commontie and others specified in the said charter and infeftment, and all and sindrie priviledges, liberties of mercats and fairs and others immunities therinmentioned, whilk is of the date the thrid day of Februare 1506 yeers, together with the precept and instrument of sasine following therupon, and all and sindrie others charters, infeftments, precepts, sasines, ratifications and other evidents and writs, rights, tytles and securities whatsumever made and granted be any of his majesties' most noble progenitors to the provest, baillies, councill and communitie of the said burgh of Kintore of the samen burgh, lands, commonties, freedomes, liberties, priveledges and immunities, particularly and generally mentioned in the saids charters, infeftments and others therto perteaning and belonging, of whatsumever date or dates, tenors or contents the samen be, in the haill heids, articles, clauses, points, circumstances and conditions of the samen, and wills, grants and declares that this present generall ratification and approbation therof is and shall be als valeid, effectuall and sufficient to the saids provest, baillies, councill and communitie of the said burgh and thair successors, as if the samen haill charters, infeftments, precepts, instruments of sasine, ratifications and other evidents and writs, particularlie and generallie forsaids, and everie ane of them, wer at lenth, word be word, ingrossed and set doun heirintill, anent the whilk and all faults and imperfections thairof, or that may be proponed or alledged against the validitie of the samen, or of this present generall ratification and approbation thairof, his majestie and estates of parliament have dispenced and, be thir presents, dispences for ever. And farder, his majestie and estates forsaids, considering that the said burgh by their former charter and infeftments have libertie of a weekly mercat, and that Thursday is the most fit and convenient day for holding of ane weekly mercat within the said burgh of Kintore, thairfor, his majestie and estates of parliament gives and grants to the saids provest, baillies, councill and communitie of the said burgh ane weekly mercat, with all freedomes and priveledges thairof, to be holden weekly within the samen burgh upon Thursday, als freely as any other royall burgh hes and holds their weekly mercats, and ordaines the said Thursday to be and continew the weekly mercat day of the said burgh in all tymecomeing.
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Our soverane lord, with advice and consent of the estates of this present parliament, ratifies and approves the charter of donation and concession made and granted be his majesties' umqhile dearest royall father, of blessed memorie, under his hienes['s] great seale, with advice and consent of his majesties' principall thesaurer, thesaurer deput and remanent lords of exchequer for the tyme, to and in favours of his majesties' right traist cusine Johne, earle of Tueddale, lord Hay of Yester (therby designed Johne, master of Yester) and to Jeane, countes of Tueddale, his spous (also therby designed Dame Jean Scot) and to the longest liver of them tuo in conjunct fie, and to the airs male lawfullie procreat, or to be procreat betuixt them, whilks failyeing to the said Johne, earle of Tueddale, his airs male whatsumever lawfullie to be procreat of his bodie in any other mariage, which also failyeing to his other airs male and of tailzie, and provision specified and conteaned in his infeftments of his lands and lordship of Yester, and to their successors and assignayes whatsumever heretablie and irredeemablie, off all and haill the lands and barronie of Lyne, comprehending the lands of Eister and Wester Hoperews, the lands of the maynes of Lyne, the lands of Hamildone and Haggan, the toun of Lyne, with the corne and walk milnes of Lyne and commontie thairof, and with all and sindrie their houses, bigings, yeards, annexis, connexis, parts, pendicles and pertinents of the samen, whatsumever tennents, tennandries and service of frie tennents, advocations, donations and right of patronage of kirks and chaplanries of the samen, lying within the parochines of Lyne and Stobo, respective and shirreffdome of Peibles. As also, all and sindrie the lands of Edistoun, the lands of Jedburghfeild and the castle of Neidpeth, the lands of Cokieland and Burrowfeild, and of the lands of Aikerfeild and Cardrono and of the lands of Edriktoun, with all and sindrie their houses, bigings, yeards, annexis, connexis, parts, pendicles and pertinents of the samen whatsumever, lyand within the parochine of Peibles and shirreffdome thairof forsaid. And als, of all and haill the lands of Rodono viz, of the lands of Langbank, the lands of Whitehop, the lands of Litlehope, alias Rodono chappell, and of the lands of Miklehop, with all thair houses, bigings, yeards, woods, lochs, fishings, outsets, parts, pendicles and all thair pertinents whatsumever, lyand within the shirreffdome of Selkirk. And of all and haill these seven aikers of the lands of Floores, lyand within the paroche of Peibles at the eist end of the burgh therof. And also, to and in favours of the said Johne, earle of Tueddale (designed ut supra) and to his forsaids heretablie and irredeimably, of the office of shirreffship of the forsaid shirreffdome of Peibles, and in lykmaner to and in favours of the said Jean, countes of Tueddale (also designed ut supra) in lyverent dureing all the dayes of her lifetyme, of all and haill the lands of Beltane, with the cornemilne therof, and that pendicle of the samen called Bentidod, and of these tuo aikers of land called Bardisbalk, with the maner place of Beltane, houses, bigings, yeards, orchyeards, dowcats, all parts, pendicles, annexis, connexis and pertinents of the samen whatsumever, lying within the paroche of Dumbar, constabularie of Hadingtoun and shirreffdome of Edinburgh, and that to the effect and with and under the particular provision and condition mentioned in the said charter to be performed on the parte of the said Jeane, countes of Tueddale in maner specially therinexprest and no otherwayes. And farder, his majesties' umqhile dearest father (with advice and consent forsaid) be the said charter of new gave, granted and disponed and, for his majestie and his hienes['s] successors, perpetuallie confirmed to the saids Johne, earle of Tueddale and Jean, countess of Tueddale, his spous, and to the longest liver of them tuo in conjunct fie, and to their airs male forsaids, which failyeing as said is, all and haill the forsaids lands and baronie of Lyne, comprehending the lands and others particularly abovenamed, with parts, pendicles and pertinents whatsumever thairof forsaids, tennents, tennandries, service of frie tennents above written, with the saids advocation, donation and right of patronage of the forsaids kirks and chaplanries thairof, and namelie the right of patronage of the kirk and paroche of Lyne, and of the personage and viccarage thairof, and of all other kirks (if any shall happin to be builded) within any other parte of the said paroche of Lyne, together with the advocation, donation and right of patronage of the kirks and paroches of Peibles and Maner, and of the personage and viccarage of the samen. As also, all and sindrie the saids lands of Edistoun, Jedburghfeild and castle of Neidpeth, the forsaids lands of Cokieland, Burrowfeild, Aikerfeild, Cardrono and Edrickstoun, with all thair houses, bigings, yeards, annexis, connexis, parts, pendicles and pertinents whatsumever, lyand within the said paroche and shirreffdome of Peibles; and all and haill the saids lands of Rodono, to wit, the forsaids lands of Langbank, Whitehop and Litlehop, alias Rodono chappell, and the saids lands of Miklehope, with all and sindrie their houses, bigings, yeards, annexis, connexis, parts, pendicles, lochs, fishings, outsets, insets and all thair pertinents whatsumever, lyand within the said shirreffdome of Selkirk; and all and haill the saids seven aikers of the forsaids lands of the Floores lyand, within the said paroche of Peibles at the eist end of the burgh forsaid therof; and siclyk to the said Johne, earle of Tueddale and his forsaids, heretablie and irredeemablie, the said heretable office of shirreffship of the forsaid shirreffdome of Peibles, together with all right, title, interesse, clame of right, proppertie, possession, petitor and possessor which his umqhile majestie forsaid, or his predicessors or successors, had, hes or any wayes may have, clame or pretend therunto be whatsumever reason, cause or occasion or other maner of way particularly and generally mentioned in the said charter, wheranent his majesties' said dearest royall father (be the said charter) dispenced for ever. And sicklyk, his majesties' umqhile dearest royall father forsaid (with advice and consent as said is) be the said charter united and incorporate all and sindrie the fornamed lands, rights of patronages of kirks and chaplanries, generally and particularly forsaids, together with the said heretable office of shirreffship, with all houses, bigings, yeards, orchyeards and others particularly and generallie abovespecified (except the saids lands of Beltane and other parts, pendicles and pertinents of the samen provyded to the said countes of Tueddale in lyverent as said is) in ane haill and frie baronie to be called, then and in all tyme therafter, the baronie of Lyne, and the said maner place and castle of Neidpeth to be the principall messuage of the forsaid baronie, and that ane sasine to be taken therat be the said earle and countesse of Tueddale and thair forsaids shall be sufficient and valeid for all the lands, baronie, rights of patronages, heretable office of shirreffship and others forsaids (excepting alwayes as is befor excepted) notwithstanding that the samen lyes not contigue and together, wheranent his majesties' royall father forsaid, be the said charter, dispenced and which all and sindrie the saids lands, baronie and others particularly abovenamed are holden be the saids earle and countes of Tueddale and their forsaids, of his majestie and his successors, in frie baronie and heritage for ever, and that for yeerlie payment of the dewties, and for doeing and performeing of the other services to his majestie and his hienes['s] successors forsaids, as is in maner particularly contained in the said charter, whilk charter forsaid is of the date at Newcastle, the second day of January 1647, together with the precept and instrument of sasine following upon the said charter.
And, in lykmaner, the charter of donation and concession made and granted be his majestie under his hienes['s] great seale, with advice and consent of his majesties' commissioners of his majesties' thesaurie and remanent lords and others of exchequer for the tyme, to and in favors of the said Johne, earle of Tueddale (therby designed Johne, lord Hay of Yester) and of his airs male lawfully procreat or to be procreat of his bodie, which failyeing to his other airs male and of tailzie whatsumever contained in the old infeftments of the lordship of Yester, heretablie and irredeemablie, off all and haill the lands, lordship and baronie of Yester, with the castle, tour, fortalice, maner place and milne therof, advocation and donation of the colledge kirk of Bothaines and of the provestrie and prebandaries thairof; and all thair pertinents and of all and haill the lands of the maynes of Park, of the lands of Gamelstoun and Giffargate and superiority of the samen; of all and haill the lands of Linplum, with the pertinents thairof, to wit, the fourt parte of the same in propertie and the rest in superiority, of all and haill the lands of Duncanlaw (except the mortified kirk lands thairof); the lands of Baro and superioritie of the same; of all and haill the lands called the May lands, with mansion houses, bigings, yeards and all and sindrie their pertinents, lyand in the toun and territorie of Baro, which sumtyme perteaned to umqhile Johne Daill and Barbara Harlaw, his spous, and wer conquest and acquired be them fra umqhile Master Alexander Home of St Leonards, Jeane Hepburne, his spous, and Gawine Home, his brother; as also of all that temple land of Baro, lyand on the fouth parte of Baro betuixt the lands of Maylands on the eist and Broomehill on the west, and the publict hie way on the north and the torrent or burne betuixt Baro and Newtoun on the south parts, and with the common pasturage and free ish and entrie in and be the common of Baro and Duncanlaw used and wont and particularly exprest in the infeftments of the saids lands of Maylands and Templelands of Baro made therupon to umqhile Sir John Hay, sumtyme of Baro, his predicessors and authors; and of all and haill the lands of Beltane and Beltandod, alias Bentiedod and Gilpallate, with the tour, fortalice and milne thairof and thair pertinents; [and] of all and haill the quarter or fourt parte of the toun and lands of Billans† with their pertinents, all lyeing within the constabularie of Hadingtoun and shirreffdome of Edinburgh. Of all and haill the lands and barronie of Loquharrat, with milnes, multers, woods, tours, fishings, fortalices, tennents, tennendries, service of frie tennents, advocation and donation of kirks, benefices and chaplanries of the samen, and their pertinents, lying within the shirreffdome of Edinburgh; of all and haill the lands of Maygate, with the pertinents therof; of all and haill the lands and baronie of Olivercastle and superiority of Todrig annexed therunto, lyand within the shirreffdome of Selkirk; of all and haill the halff of the lands of Glenrusco, with the pertinents with tours, fortaleices, milnes, moulters, woods, fishings, tennents, tennendries and service of frie tennents of the same, advocation and donation of kirks, benefices and chaplanries thairof and their pertinents, lying within the shirreffdome of Peibles; of all and haill the lands and baronie of Snaid, with milnes, multers, woods, fishings, tennents, tennendries and service of frie tennents, castles, tours, fortaleices, advocation and donation of kirks, benefices and chaplanries thairof and their pertinents, lyand within the shirreffdome of Dumfreis, [and] as also, of all and haill the quarter or fourt parte of the lands and baronie of Polgavie, with parts, pendicles and pertinents thairof, lyand within the shirreffdome of Pearth, all erected, united, annexed and incorporate in ane haill and free lordship and baronie called the lordship and baronie of Yester.
Of all and haill the lands of Achcatemure, lyand within the regality of Aberbrothock and shirreffdome of Lanerick; and of all and haill the tennendrie of the croce kirk of Peibles, comprehending the particular lands, annualrents, fewferme dewties and others specially expressed in the infeftments therof made to umqhile Johne, earle of Tueddale of the same, and lyand in maner particularly therinmentioned viz, all and haill the seven aikers of land with the pertinents lyand in the floores at the eist end of the burgh of Peibles; all and haill the lands of King's Meadowes with the teinds perteaneing therunto; all and haill ane annualrent of ten shillings usuall money of this realme yeerly to be uplifted and taken furth of the lands of Horsburghhaugh, with the pertinents; all and haill ane annualrent of sex shilling[s] money forsaid yeerly to be uplifted and taken at tuo usuall termes in the yeer Witsunday and Mertymes be equall portions, furth of the foretenement of land of umwhile Archibald Lowes in the said burgh of Peibles upon the south parte therof, betuixt the lands of umqhile Elizabeth Williamsone on the eist, of umqhile William Bell on the west and the lands of umqhile Andrew Wightman on the south parts; all and haill ane annualrent of sex shilling[s] [and] eight pennies money forsaid yeerly to be uplifted and taken at the termes forsaid furth of that [...] with the yeard thairof, lyand within the said burgh of Peibles, upon the west parte of the water of Peibles, betuixt the common heighway on the north, [and] the lands or yeard of umqhile Johne Foord upon the eist and west parts; [and] all and haill ane other annualrent of sex shilling[s] [and] eight pennies money forsaid yeerly to be uplifted and taken furth of the lands of Nether Cerstoun with the pertinents, all lying within the paroche and shirreffdome of Peibles. All and haill that annualrent of tuenty shillings money forsaid yeerly to be uplifted and taken at the termes abovementioned furth of the lands of Eshiesteill, lyand in Ettrick Forrest and the shirreffdome of Selkirk, or furth of the lands of Fairniehirst, lyand within the shirreffdome of Roxburgh, as shall seeme most expedient; all and haill that mansion, maner place, precinct, monasterie, houses, bigings [and] yeards with their pertinents, which befor perteaned to the minister and to the predicant frears of the convent of the croce kirk of Peibles, lyand at the said burgh of Peibles; [and] all and haill the parsonage and viccarage teinds of the paroche kirk of Kethnes with the manse, gleib and kirklands of the samen, and all and sindrie the teinds, fructs, rents, proffeits, provents, emoluments and dueties whatsumever perteaneing and belonging therunto, lyand within the dyocie of Dunkeld and shirreffdome of Forfar. All and haill that pleughgate of land with the pertinents, lyand within the said paroche of Kethnes, sumtyme occupyed be Andrew Small ther. All and haill the lands of the mayns of Houstoun, with houses, bigings, yeards, parts, pendicles and pertinents therof and walkmilnes of the said place of Houstoun, and four aikers of land perteaneing to the said milne, and four aikers of land lying in the baronie of Lintoun, with the fisheing in the water of Tyne, and all other fishings perteaneing to the said place of Houstoun, [and] the thrie carucats or three pleughgates of land lyand within the territorie of the said place. All and haill the lands of Lyngeane; all and haill the hospitall lands of Fortune; all and haill the lands lyand within the toun and territorie of Fortune, which of befor perteaned to umqhile Thomas Lessudren; all and haill the lands of Craighoch, with the pertinents, lyand within the constabularie of Hadingtoun and shirreffdome of Edinburgh; all and haill the place and edifices in Dumbar, founded and situat be umqhile Christian Bruce, countes of Dumbar, with all lands, possessions, rents and proffeits of the samen place and edifices of Dumbar, and aikers of land lyand at Dumbar with their pertinents, all vnited and annexed to the said monasterie and place of the said croce kirk of Peibles, and all and haill the said monasterie of Houstoun, with all and sindrie tenements, lands, annualrents, emoluments, teynds, possessions, houses, bigings, fermes, proffeits and dewties whatsumever of the same, lyand within the dyoce of St Andrews, constabularie of Hadingtoun and shirreffdome of Edinburgh forsaid. All of old unite and annexed to the said monasterie of the forsaid croce kirk of Peibles, together with all and sindrie lands, teinds, annualrents and others, as also with all and sindrie maner places, houses, bigings, yeards, orchyeards, milnes, woods, fishings, tennents, tennendries, service of frie tennents, few fermes and other fermes, annualrents, possessions, annexis, connexis, outsets and pertinents of the samen whatsumever of the samen, caynes, customes, casualities, proffeits, provents, emoluments and dewties whatsumever, or which of old, be whatsumever manner of way perteaned or of befor of whatsumever tyme bygone, wer unite and annexed to the said monasterie of the forsaid croce kirk of Peibles. As also, of all and haill the sext parte of the toun and lands of Thankertoun and milne therof, lyand within the said shirreffdome of Lanerick.
And farder, his majestie, with consent forsaid, be the said charter of new gave, granted and disponed and, for his majestie and his hienes['s] successors, perpetually confirmed to the said Johne, earle of Tueddale, and to his airs male forsaids, which failyeing as said is, all and haill the saids lands, lordship, baronies, tennendrie and others particularly abovespecified with their pertinents, all lyand in maner abovexprest, together with all right, title, interest, clame of right, alswell petitor as possessor, which his majestie or his hienes['s] predicessors or his successors had, have or any wayes may have, clame or pretend therunto, be whatsumever reason, cause or occasion, or other maner of way particularly and generally mentioned in the said charter. Moreover, his majestie, with consent forsaid, therby united, annexed, erected, created and incorporated all and sindrie the saids lands, lordships, baronies, tenendries and others abovementioned, with the pertinents all lyand as said is, in ane haill and free earledome and lordship to be called then, and in all tyme therafter, the earledome of Tueddale and lordship of Yester, ordaining therby the castle and fortalice of Yester to be the principall messuage of the said earledome and lordship, and that ane sasine ther to be taken be the said earle of Tueddale, and in all tyme therafter be his forsaids, at the said castle and fortalice of Yester shall stand and be ane sufficient sasine for all and sindrie the lands and others abovenamed, without any other particular sasine to be taken at any other parte therof, notwithstanding that the same lyes not contigue bot in diverse places, wheranent his majestie, be the saids charters, dispenced for ever; and which all and sindrie the saids lands, earledome, lordship, baronies, tenendrie and others particularly abovespecified, with thair pertinents all lyand united, annexed, created and incorporate, as said is, are holden be the said earle of Tueddale and his forsaids of his majestie and his successors in fie and heritage for ever, and that for the yeerly payment of the dueties and for doeing and performeing of other services to his majestie and his hienes[s'] successors, as is in maner specially exprest in the said charter, which charter forsaid is of the date at Edinburgh, the tuentie seventh day of May 1650 yeers, together with the precept and instrument of sasine following upon the said charter.
And siclyk, the charter of donation and concession made and granted be his majestie, under his hienes['s] great seale, with advice and consent of his majesties' commissioners of his hienes['s] thesaurie, and remanent lords of exchequer for the tyme, to and in favours of the said Johne, earle of Tueddale (therby designed Johne, lord Hay of Yester) and of his airs male and of tailzie contained in his infeftments of the lordship of Yester, and to the assignayes whatsumever heretablie and irredeemablie, of all and sindrie the lands and others underwritten, with the pertinents and teinds, personage and viccarage of the same includit viz, of the lands of Westhop and Woodend, the lands of Eisthope, the lands of Newlands, the lands of Ryndslaw, the lands of Snadoun, the lands of Homydhill, the lands of Litlenewtoun and the lands of Carfrae, with all and sindrie their houses, bigings, yeards, parts, pendicles and pertinents whatsumever, and of all and sindrie the teinds, personage and viccarage includeit of all and haill the samen forsaids lands and others abovewritten, all lyand within the constabularie of Hadingtoun and shirreffdome of Edinburgh forsaid. And of all and haill the teinds, personage and viccarage of the paroche kirk and parochin of Garvald, lyand within the constabularie and shireffdom forsaid.† As also, of all and sindrie the lands of Bothans, with the maner place, milnes, fishings, doucats, yeards, orchyeards, woods, meidowes, parts, pendicles and pertinents of the samen, and of all and sindrie the toun and lands of Duncanlaw, with the pertinents of the lands of Yester park, Langyester, Kilpallat, Gamelstoun and Shirreffside with the maner place of Beltoun, North and South Beltouns and Cokalierielaw, with houses, bigings, yeards, orchyeards, parts, pendicles and pertinents thairof, and the teynds, parsonage and viccarage of the same, all lyand within the said constabularie of Hadingtoun and shirreffdome of Edinburgh forsaid. Attour his majestie (with consent forsaid) be the said charter, of new gave, granted and disponed and, for his majestie and his hienes['s] successors, perpetually confirmed to the said Johne, earle of Tueddale and to his airs male and of tailzie and assignayes forsaids, heretablie and irredeemably, all and sindrie the samen forsaids lands and others particularly abovewritten, with thair pertinents and teynds, parsonage and viccarage of the samen includeit, all lyand in maner abovespecified, together with all right, tytle, interesse, clame of right, alswell petitor as possessor, which his majestie or his hienes['s] predicessors or successors had, hes or any wayes may have, clame or pretend therto be whatsumever reason, cause or occasion or other maner of way particularly and generally mentioned in the said charter. And farder, his majestie (with consent forsaid) therby united and annexed the samen lands and others abovewritten to the saids earledome of Tueddale and lordship of Yester, ordaining therby that ane sasine then to be taken be the said earle of Tueddale and in all tyme therafter be his forsaids at the said castle, toure and fortalice of Yester, or upon the ground of any other parte of the saids lands, shall stand and be ane sufficient sasine for all and sindrie the lands and others abovenamed, without any other particular sasine to be taken at any other parte thairof, notwithstanding that the samen lyes not contigue bot in diverse places, wheranent his majestie, be the said charter, dispensed for ever. And which, all and sindrie the saids lands, teinds and others particularly abovespecified, with their pertinents, all lyand, united and annexed as said is, are holden be the said earle of Tueddale and his forsaids of his majestie and his hienes['s] successours in fie and heritage for ever, and that for the yeerlie payment of the dueties and for doeing and performeing other services to his majestie and his hienes['s] successors forsaids, as is in maner specially exprest in the saids charters, which charter forsaid is of the date at Edinburgh, the tuentie-fourt day of June 1650 yeers.
And lykwayes, the signatour dockqued be his majesties' secretary of state and signed and superscryved be his majesties' oune royall hand, which is alreadie past his majesties' counsell of exchequer, whairby his majestie, with advice and consent of his hienes['s] principall thesaurer and thesaurer deput and remanent lords of his majesties' councill of exchequer, ordeanes ane charter to be past under his majesties' great seale in due forme, giveand, grantand and disponand and, for his majestie and his hienes['s] successors, perpetually confirmeand to his majesties' said right traist cusine Johne, earle of Tueddale, lord Hay of Yester, and to his airs maill forsaids, lawfullie procreat or to be procreat of his bodie, which failyeing to William Hay, his lawfull brother, and to the airs male lawfullie to be procreat of his bodie, which also failyeing to Sir James Hay of Linplum, knight, his cussine german, and to the airs male lawfullie to be procreat of his bodie, which lykwayes failyeing to the said Johne, earle of Tueddale, his eldest and nearest lawfull air female successivelie in all tyme comeing, without division, the samen air female, whither ane woman or ane man descending of ane woman alwayes beareing and useing the said Johne, earle of Tueddale his name and armes of the earle of Tueddale and Lord Hay of Yester; and to the said Johne, earle of Tueddale and his forsaids, airs male and of tailyie and provision, their assignayes whatsumever heretablie and irredeimably, all and sindrie the lands and others particularly afternamed, to wit, all and haill the lands, lordship and baronie of Yester, with the castle, fortaleice, maner place and milne therof, advocation and donation of the colledge kirk of Bothaines, and of the provestrie and prebendries of the same and all thair pertinents; and all and haill the lands and maines of Park, the lands of Gemilstoun, the lands of Giffertgate and superiority thairof, all and haill the lands of Linplum with their pertinents, to wit the fourt parte of the samen in proppertie and the rest thairof in superiority; all and haill the lands of Duncanlaw (except the mortified kirklands therof), the lands of Baro and superiority of the same, all and haill the lands of Beltane and Bentiedod and Gilpallet, with the fortaleice, toure and milne thairof and all thair pertinents, all lyand within the constabularie of Hadingtoun and shirreffdome of Edinburgh. All and haill the lands and barronie of Loquharrat, with the milne, multers, woods, fishings, tours, fortaleices, tennents, tennendries, service of frie tennents, advocation and donation of kirks, benefices and chaplanries thairof and all thair pertinents, lyand within the shirreffdome of Edinburgh forsaid. And all and haill the lands of Meggat with the pertinents, and all and haill the lands and baronie of Oliver Castle, and the superiority of Todrig annexed therunto, lyand within the shirreffdome of Selkirk. And all and haill the halff lands of Glenrusco, with thair pertinents, with toures, fortaleices, milnes, multers, woods, fishings, tennents, tennendries and service of frie tennents of the same, advocation and donatione of kirks, benefices and chaplanries thairof, with thair pertinents, lyand within the shirreffidome of Peibles. And all and haill the lands and baronie of Snaid, with milnes, multers, woods, fishings, castles, towres, fortaleices, tennents, tennendries, service of frie tennents thairof, advocations, donations of kirks, benefices and chaplanries of the samen, and thair pertinents, lyand within the shirreffdome of Dumfreis; and all and haill the sext parte of the toun and lands of Thankertoun and milne thairof, lyand within the shirreffdome of Lanerick. And which, all and sindrie the samen lands and others particularly abovenamed, lyand as said is, with certane other lands are all united, annexed, erected, created and incorporat in ane haill and frie earledome and lordship called the earledome of Tueddale and lordship of Yester, conforme to his majesties' charter forsaid granted to the said earle of Tweddale (therby designed Lord Yester) theranent, under his majesties' great seale as said is of the forsaid date, the tuentie-sevent day of May 1650 yeers. And siclyk, all and haill the lands and baronie of Lyne, comprehending the lands of Eister and Wester Haprews, the lands of the maynes of Lyne, the lands of Hamildon and Haggan, the toun of Lyne, with the corne and walk milnes of Lyne, with the commontie of the samen, and with all and sindrie thair houses, bigings, yeards, annexes, connexis, parts, pendicles and pertinents whatsumever of the samen, tennents, tennendries and service of frie tennents, advocation, donation and right of patronage of kirks and chaplanries thairof, all lyand within the paroche of Lyne and Stobo respective and shirreffdome of Peibles forsaid. And also, with the advocation, donation and right of patronage of the kirk and paroche of Lyne, and of the personage and viccarage thairof, and of all other kirks (if any shall happin to be builded) within any other parte of the said paroche of Lyne. And, in lykmaner, all and sindrie the lands of Eddistoun, Edrintoun, Cokielaw and Burrowfeild, with all and sindrie their houses, bigings, yeards, annexis, connexis, parts, pendicles and pertinents of the samen whatsumever, lyand within the paroche of Peibles and shirreffdome thairof, together with the advocation, donation and right of patronage of the kirks and paroches of Peibles and Maner respective, and of the personage and viccarage of the same tuo paroches forsaids, and all and haill the lands of Sheillgrein and Whitefauldhill, with the tower, fortalice, houses, bigings, yeards, parts, pendicles and pertinents whatsumever of the samen, lyand within the said paroche of Peibles and shirreffdome thairof abovespecified.
Attour his majestie, with advice and consent forsaid, hes heirby of new given, granted and disponed and, for his majestie and his hienes['s] successors forsaids, perpetually confirmed to the said Johne, earle of Tueddale, and to his airs male forsaid, which failyeing as said is, all and sindrie the saids severall and particular lands, tours, fortaleices, maner places, houses, bigings, yeards, orchyeards, parts, pendicles and pertinents whatsumever of the samen, advocations, donations and rights of patronages of kirks, chaplanries, paroches and others particularly aboveexprest, all lyand in maner forsaid, togither with all right, title, interesse, clame of right, proppertie, possession, alswell petitor as possessor, action and instance whatsumever which his majestie or his hienes['s] predicessors or successors had, hes or any way may have, clame or pretend thairunto be whatsumever reasone, cause or occasion or other maner of way, particularly and generally mentioned in the said signature. And siclyk, his majestie, with advise and consent forsaid, therby united, annexed and incorporated all and sindrie the forsaids severall and particular lands, toures, fortaleices, maner places, houses, bigings, yeards, orchyeards, parts, pendicles and pertinents whatsumever of the samen, advocations, donations and rights of patronages of kirks, chaplanries and parochines and others particularly abovementioned, all lyand as said is, in ane haill and frie earledome, lordship and baronie to be called, now and in all tymecomeing, the earledome of Tueddale and lordship and baronie of Yester, ordaining therby the said castle and fortalice of Yester to be the principall messuage of the forsaid earledome, lordship and baronie, and that ane sasine now to be taken be the said earle of Tueddale and his forsaids and in all tymecomeing at the said castle and fortalice of Yester shall stand and be ane sufficient sasine for all and sindrie the saids lands, earledome, lordship, baronie and others forsaids, without any other particular sasine to be taken at any other parte thairof, notwithstanding that the samen lyes not contigue together but in diverse places, wheranent his majestie, be the said signature hes dispensed for ever. And which all and sindrie the forsaids severall and particular lands, earledome and lordship, baronies and others abovewritten, with thair pertinents, all lyand and specially unite, erected, annexed, created and incorporated in the said ane haill and frie earledome, lordship and baronie in maner forsaid, are (be the said signature) holden be the said earle of Tueddale and his forsaids of his majestie and his hienes['s] successors in frie earledome, frie lordship, frie baronie and frie blensh and in fie and heretage for ever, and that, notwithstanding that the forsaid earledome, lordship, lands, baronie and others abovenamed with their pertinents wer of befor holden of his majestie and his hienes['s] royall progenitors be service of waird and releiff, and which holding his majestie, with advice and consent forsaid, for his majestie and his successors (be the said signature) hes freely and willinglie altered and changed fra waird and releiff as said is, to be holden, in all tymecomeing, in frie blensh† for the yeerly payment of the blensh dewtie yeerly heirafter, as is particularly in maner after exprest viz, for the yeerly payment to be made be the said Johne, earle of Tueddale and his forsaids to his majestie and his hienes['s] successors forsaids of ane Scots pennie, upon the ground of any parte of the lands particularly abovementioned, at the feist of Witsunday in name of blensh dewtie, if the samen bies asked allenerly, only for all other burden, exaction, question or demand, and also, his majestie hes ordained be the said signatour that the forsaid charter shall be extendit in the best forme, with all clauses neidfull, and that precepts be direct orderlie upon the same signature in forme as effeirs. Which signature forsaid, is of the date at Whitehall, the tuentie-sext day of October 1660 yeers last bypast, together also with the samen charter abovewritten so to be extendit and exped under his majesties' great seale, as said is, upon the forsaid signature, with the precept and instrument of sasine to follow upon the said charter, in all and sindrie the heids, articles, clauses and conditions whatsumever contained in the saids three charters, precepts and instruments of sasine forsaid following therupon, and in the signature and to be contained in the charter forsaid to be extendit and exped therupon, precept and instrument of sasine abovewritten to follow upon the same, and ilk ane thairof, after the severall formes and tenors of the samen respective.
And farder, his majestie, with advice and consent forsaid of the estates of this present parliament, statuts, ordaines, wills and declares that this present ratification abovewritten is and shall be als valeid, effectuall and sufficient to the said Johne, earle and Jeane, countes of Tueddale, and either of them and their forsaids, according to their respective rights, tytles and interesses particularly abovespecified, as if the saids three charters, precepts and instruments of sasine forsaid following therupon, and the said signature and charter forsaid to be extendit and exped upon the same precept and instrument of sasine abovementioned to follow therupon, and ilk ane of them, wer all at lenth word be word insert and ingrossed heirintill, wheranent his majestie, with advice and consent forsaid of the saids estates of parliament, be thir presents, dispenses for ever.
[1661/1/482]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of his estates of parliament, ratifies, approves and confirmes to and in favors of Alexander Thomson, tailyeour, burges of Edinburgh, ane gift made and granted be his majestie, ynder his hienes['s] privie seale of this his antient kingdome of Scotland, to the said Alexander Thomsone dureing his lifetyme, of the office of being master tailyeour to his majestie within this his said kingdome, with all fies, priveledges and immunities perteaneing and belonging therto, whilks wer vacand in his majesties' hands and became at his hienes[s'] gift and disposition be the decease of umqhile James Inglis, last possessour thairof, as the said gift of the date the tent of June 1650 yeers, at more lenth proports; in the haill heids, poynts, articles, clauses and circumstances thairof. Lykas, our said soverane lord, with advice and consent forsaid, be the tenor heirof, wills and grants and, for his hienes and his successors, decernes and ordeans that the forsaid gift, with this present ratification thairof, are and shall be valeid, effectuall and sufficient rights to the said Alexander Thomson for useing and exerceing of said office and for uplifting of all fies and enjoying all priveledges, immunities and others perteaneing and belonging to the same office used and wont, siclyk and als freely in all respects as any tailyeour to his majesties' predicessors within this his said kingdome brooked the same, in any tyme bygone; and further, our said soverane lord, with advice and consent forsaid, admits, decernes and declares the forsaid gift, with this present ratification thairof, to be als valeid, effectuall and sufficient to the said Alexander Thomson as if the said gift wer at lenth verbatim ingrossed heirintill, notwithstanding the samen be not so done, wheranent and with all objections may be moved against the valilditie or invaliditie of the said gift, and this present ratification thairof, our said soverane lord, with advice forsaid, hes dispensed and, be thir presents, dispenses for ever.
[1661/1/483]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of his estates of parliament, ratifies and approves the charters made and granted be umqhile James, bishop of Dunkeld, with advice and consent of the dean, chanones and chapter of Dunkeld, chapterlie conveined for the tyme, to umqhile Johne, earle of Atholl, lord Balveny etc. forgrandsir to Johne, now earle of Atholl, of the office of heretable baillierie of all and sindrie the lands and baronie of Dunkeld perteaneing to the said bischop of Dunkeld, kirk and patrimonie thairof, be whatsumever maner of way with all the pertinents thairof, lyand alswell contigue as discontigue, and annexed and incorporat to the said baronie upon the northside of the water of Forth, within the shirreffdomes of Fyffe, Forfar and Pearth respective, together with the service of the tennents and inhabitants of the saids toun and lands of Dunkeld, the tymes of war when ever the samen shall happin, and other fit and necessar tymes, makand, constituteing and ordaining the said umqhile Johne, earle of Atholl, his airs, successors and assignayes, the said umqhile James, bishop of Dunkeld, his verie lawfull, undoubted and irrevocable heretable baillies of all and sindrie the lands abovewritten, over all and sindrie the tennents, taksmen, fewers, citizens, occupyers and inhabitants thairof for ever, with the sume of [---] money to be payed to the said umqhile earle and his forsaids for thair faithfull exerceing and dischargeing of the said office yeerly, at tuo termes in the yeer, Witsunday and Mertymes in winter be equall portions out of the first and readiest of the fermes, dewties and teinds of the lands of Eister and Wester Insheweyns and Ladiewell, or any parte thairof, lyand within the baronie of Dunkeld and shirreffdome of Pearth, and that, upon the resignation of umqhile Coline, earle of Argyll, to be holden of the said umqhile James, bishop of Dunkeld and his successors of Dunkeld, in fie and heritage for ever, for yeerly administration of justice in the said office of baillierie according to order of law allenerlie, whilk charter beares date, the seventh day of August 1577 yeers. And siclyk, our said soverane lord and estates forsaids ratifies and approves the other charter made and granted be umwhile Robert, bishop of Dunkeld, with advice and consent of the dean, chanons and chapter of the said kirk of Dunkeld, chapterlie conveened, to umqhile Johne, earle of Atholl, grandsir to the said Johne, now earle of Atholl, his airs, successors and assignayes, of the samen office of heretable baillierie of the saids lands of the baronie of Dunkeld, with the pertinents thairof, lyand as said is, and with the yeerlie fie abovewritten, to be holden of the said umqhile Robert, bishop of Dunkeld and his successors bishops of Dunkeld, also in fie and heritage and for yeerly administration of justice, be the said umqhile earle and his deputs in maner abovementioned, whilk charter is dated, the [---] day of [---] 1584 yeers, together with the precepts and instruments of sasine following thairupon. As also, the sasine of the said office of heretable baillierie given to umqhile Johne, earle of Atholl, father to the said Johne, now earle of Atholl, upon his retour as air to the said umqhile John, earle of Atholl, his grandsir, of the date the [---] day of [---] 16[---] yeers; with the said Johne, now earle of Atholl, his sasine thairof, also given to him upon his retour as air to umqhile Johne, earle of Atholl, his father, whilk sasine is of the date, the tent and elevent dayes of November 1642 yeers, registrat in the register of sasines keeped at Pearth, the last day of December the said yeer. With all other charters, infeftments, precepts, sasines, procuratories and instruments of resignation and other writs, evidents and securities of the said office of heretable baillierie, made and granted to the said Johne, now earle of Atholl, and his saids umqhile father, goodsir, grandsor, forgrandsir or any others his predicessors be the saids umqhile bischops of Dunkeld, or any other thair predicessors, successors or any others whatsumever with all that hes followed or may follow therupon, in all and sindrie the heads, poynts, clauses, articles, circumstances and conditions thairincontained, and after the forme and tenor thairof in all points; and our said soverane lord, with advice and consent of the saids estates of parliament, wills and grants and, for his hienes and his successours, decernes and ordaines that this present ratification of the saids tuo charters and tuo sasines specially abovewritten, and of the saids former infeftments, charters, precepts, sasines, procuratories and instruments of resignation heirin generallie related and ratified, as said is, are and shall be of als great force, strenth and effect to the said noble earle Johne, now earle of Atholl and his forsaids, for bruiking of the said heretable office of baillierie abovewritten, in all tymecomeing, as if the saids haill charters, precepts of sasine, instruments and others rights, specially and generally abovementioned, wer all at lenth and per expressum de verbo in verbum insert and ingrossed heirintill, notwithstanding the samen be not so done, wheranent and with all other defects and imperfections which may be proponed and alledged against the saids rights or any of them or this present ratification thairof, and validitie of the samen, our said soverane lord and estates of parliament hes dispensed and, be thir presents, dispenses for ever.
[1661/1/484]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of the estates of parliament, ratifies, approves and perpetually confirmes to and in favors of Sir Johne Gilmour of Craigmiller, knight, president of the colledge of justice, and Alexander Gilmour, his sonne, his airs male and of tailyie afterspecified, the letter of disposition made and granted be George Prestoun of Craigmiller and Mr Johne Prestoun, his brother, with consent of diverse other persons, and they for themselffs, wherin they dispone to the said Sir Johne, therin designed advocat, in lyverent and to the said Alexander, and the airs male of his bodie, whilks failyeing† to any persone or persones and thair airs, whom the said Sir Johne Gilmour at any tyme dureing his lifetyme shall nominat and designe by any writ, nomination or designation under his hand, to be air or airs of tailyie and upon such conditions, qualifications and restrictions as he shall set doun in the said nomination and designation, which failyeing, or incaice the said Sir Johne Gilmour shall make no such nomination, writ or designation in his oune tyme or, being made, if he shall be pleased to revocke the same, in these caices or any of them to the said Sir Johne Gilmour his nearest and lawfull airs and assignayes whatsumever, in fie heretablie and irredeemably, all and haill the lands and baronie of Craigmiller, with the tower, fortaleice, maner place, houses and bigings thairof, milnes, milne lands and multers, kills, cobles, dowcats, yeards, orchyeards, stanks, wairds, meidowes, tennents, tennendries and service of frie tennents of the samen, advocation, donation and right of patronage of the kirks and chaplanries thairof, annexis, connexis, dependencies, tofts, crofts, parts, pendicles and pertinents of the samen, as also the teindsheaves of the said baronie, under the provisions and restrictions mentioned in the said disposition anent the power and libertie reserved to the said Sir Johne to dispone the saids lands, teynds and others abovewritten as he shall think expedient, irredeimably or under reversion, and to dispone annualrents out of the samen, or set tacks in maner at lenth set doun in the said disposition, as if the fie wer in his oune persone and under severall other heids and conditions thairincontained, as the samen containing obleidgments to infeft with ane precept of sasine dated the [---] day of [---] 16[---] yeers at mair lenth bears, together with the instrument of sasine following therupon; and als ratifies and approves the signature of confirmation of the forsaid letter of disposition, with the new gift contained therin granted be his majestie, under his sacred hand, alreadie past in exchequer to the said Sir Johne and his sone and thair forsaids, in maner and upon the qualifications, conditions, reservations and provisions contained in the said disposition and at lenth set doun in the said confirmation and new gift, by which new gift his majestie hes disponed to them and thair forsaids the forsaids lands and baronie of Craigmiller, to be holden of his majestie and his hienes['s] successors in frie blensh and frie baronie for ever, for payment of ane pennie yeerly, if the samen bies asked. [And] whairas only ane parte of the said barony held blensh of befor and the rest wer holden be service of waird and releiff, with the mariage when it should happen, which holding, his majestie hes been graciously pleased to alter for the causes contained in the said signatour, to be holden inteirly blensh, as said is, and the knaveships† thairof to be holden of his majestie for payment of the silver duety of fourty shillings Scots money to his majestie and eight bolls beir yeerly to the minister serveing the cure at the kirk of Libertoun, in maner contained in the said signatour, as the same dated at Whitehall, the tuentie day of October 1660 yeers bears, and past his majesties' exchequer sensyn, in all and sindrie heids, clauses, articles and conditions thairof, admitting the generality as if the said disposition, precept and instrument of sasine, with the forsaid signatour, wer de verbo in verbum insert heirintill; wheranent his majestie, with consent forsaid, heirby dispences for ever, and ordaines the forsaid signatour to be, with all convenient diligence, past and exped throw his majesties' sealls and registers, and to be ane good and valeid right to the said Sir John and Alexander Gilmours and thair forsaids, conforme to the contents and tenors therof in all tymecomeing.
[1661/1/485]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of the estates of parliament, takeing to consideration how much it may tend to his majesties' honour and proffeit of this his antient kingdome that the mynes (with which it so much abounds) be effectually prosecute and, for that effect, that all encouragement be given to the undertakers and prosecuters thairof, and withall that his majesties' dearest goodsir, of blessed memorie, King James the sext, who well knew what wold most conduce to so desyreable ends, did in his royall wisdome and princely prudence, with advice and consent of the estates of parliament, in anno 1592, by their act anent the dissolution of the said mynes from the crown, for the reasons forsaids and other considerations therinspecified, exeem all myners, mettallers and others actually remaining at such works from all taxations, charges, proclamations and other charges whatsumever, both in peace and war, and therfor did take them, all their servants, families, goods, geir and heritages in his majesties' speciall protection, as at more lenth is contained in the said act, and that accordingly, Sir James Hope of Hoptoun, his authors and predicessors, prosecuters of his mynes and works, have hitherto from tyme to tyme had large exemptions and priveledges indulged and granted to them; thairfor his majestie, with advice and consent forsaid, not only ratifies and approves the said act and extends the same in favors of the said Sir James and his successors their saids mynes and works in Craffurdmure, erected or to be erected, their mynes and works at the silver mynes somtyme called Binniemynes, their mynes and works of Aithray, bot also of new, by thir presents, exeems and now and in all tymecomeing priveledges the said Sir James Hope and his forsaids thair saids haill works and mynes (and all other minerall workes or mynes heirafter to be set up or undertaken by them) their workemen and others actually resideing at the saids works, their servants and families, from all watching, warreing, proclamations, leveys of horse and foote, taxations, cesse, mantenance, polmoney, excise and other impositions whatsumever imposed or to be imposed, under, for or upon whatsumever name, denomination, cause or pretext whatsumever, in any tyme heirafter, and heirby discharges all judges, commissiors or others powers or persones whatsumever authorized, or heirafter to be authorized in the said maters, of all valueing, stenting, imposeing or casting of any proportion of the saids burdings or impositions upon the saids works or persons and all collectors, officers and souldiers of all exacting, quartering, distressing or otherwayes molesting them for the same and of their said office, in so far provyded alwayes these presents shall not be construed nor interpreted to exempt the said Sir James Hope, his airs or successors from payment of such proportion of excise for the ale and beir brewed in his house, as shall be payed by other heritors for the ale and beir brewed in thair houses, conforme to the constant rent of land or teinds in the respective shyres wher the saids mynes or works doe lye, sua that he and his forsaids shall pay thair proportion of the said excise, conforme to such constant rent of lands or teinds allenerlie, as he hath or shall happin to have within the said shire in the same maner as other heritors of lands or teinds shall doe, conform to their constant rent thairof. And farder, ratifies and approves the said Sir James Hope his mending and repaireing of the hie wayes leadeing from the said mynes and work to Edinburgh and Leith as good service to the publict, and heirby statuts and ordains that it shall be lawfull and leisum to the said Sir James and his successours to cause mend and repare any whatsumever his majesties' hie wayes leading from any of the saids mynes and works, or from any other mynes or works of the lyke nature, to be prosecute by him or his successors to any heid burgh or sea port within this kingdome, or from any one heid burgh or sea port unto another by breaking doun of the heigh [ways], filling up of the hollow parts of the said wayes, calseying of the myres and lairs therin, and makeing the same passible for karts, straight plane and of competent breadth of tuelff foots at least, according as his majesties' hie wayes should be by the lawes and custome of this realme, or of further breadth as the said hie wayes have been pathed and used by his majesties' leidges in any tyme past, and discharges all his majesties' leidges from molesting and impeding of the said Sir James Hope, or his forsaids or their servants' horses and carts in the doeing therof, or in the frie and peaceable use of his majesties' said hie wayes in tyme comeing, and heirby grants the authority of parliament to the said Sir James and his forsaids to the effect forsaid. And lykwayes, his majestie and estates forsaid, takeing to consideration the great abuse done and that may be done in seduceing of the saids workmen and myners from the saids works, statute, enact and ordaine that all acts of parliament and of other judicatories made, conceaved and extendit in favors of maisters of colheughs and salt pans be now and in all tymecomeing extendit. Lykas, his majestie, with consent forsaid, does heirby extend the samen in favors of the said Sir James Hope and his forsaids, and specially but prejudice of the generality forsaid, in so far as the same may concerne the not seduceing, interteaneing or recepting from them of any of thair mynners, workmen or others imployed by them about thair saids mynes or others the lyk works, under the certification, paines and penalties contained in the saids acts which are heir holden as exprest. And further, his majestie and estates forsaids, takeing to consideration the greate abuse heirtofore committed in maner following by cariers, cadgers and others resorteing to the saids works and mynes, statute, enact and ordaine that whoever either passing by the saids works or mynes doe, at thair oune hand without warrand, list and away tak any of the saids mettalls, ore, timber or other provisions lyeing about the saids works or mynes, or at the woods wher the said timber is hewen and prepared, or being intrusted with the cariage therof from or to the saids works or mynes, shall withdraw away, put or wrongouslie dispose of any of the saids mettalls, ore, timber or other provision, or whosoever shall intromet with, buy or resset any therof from any of the saids persons without seeing a sufficient power and warrand for thair disposeing thairof, under the hand of the said Sir James or his forsaids, or of such as are intrusted by them about the saids works or mynes, shall be convinable therfor befor whatsumever judge ordinary, and sentenced and adjudged in payment to the said Sir James or his forsaids, or such as are intrusted by them, of the quadouble of the availl of the said mettall, ore, timber and other provision so intrometted with, ressait, away put or disposed by them, and be otherwayes censured in their persons as theives, vitious intromettours or recepters, according to the lawes and practick of the kingdome in such caces; and at the arbitriment of the judge and for the better discoverie of the said fraud and wrong, his majestie and estates forsaid command and require the waiters, searchers and all others intrusted in reference to his majesties' custome, excise or other publict dues, to take speciall notice of the shiping of any such mettalls or ore, and to record the quantities therof, with the names of the pretended ouners thairof and vessells in which the same are shiped, and in default of such wryting or testificat, as aforsaid, to make seasure thairof in name and for the use of the said Sir James and his forsaids, and to delyver the same to them. And further, doe heirby require all magistrats, baillies, messengers and others, office bearers whatsumever to burgh or land, to be assisting to the said Sir James and his forsaids in searching for and makeing seasure, as said is, upon any such metalls or ore within their respective jurisdictions, whom his majestie and estates forsaids heirby impowers and authorizes to that effect, and to mak publication heirof at mercat croces and other publict places neidfull that none pretend ignorance. And his majestie and estates forsaid declare and enact that this present act shall take effect and be in force in the same maner as if the same had been made and past in ane act of parliament upon the tuentie-sext of March 1647 yeers, and shall never be understood to fall or be comprehended under any generall act of revocation or recission made or to be made at any tyme heirafter, unles the same be revoked and rescindit per expressum and the said Sir James and his forsaids cited to that effect.
And lykways, his majestie, with advice and consent forsaid, ratifies and approves the charter and infeftment under the great seale granted be his majesties' dearest father, of blessed memorie, to Sir (therin master) James Hope of Waterhead, and Dam Anna Fouls, his spouse, in lyverent and to Thomas Hope, their son, and their airs and assignayes therinmentioned in fie heretablie, of all and sindrie the lands and barronie of Waterhead and Leadhill, alias Overglengonar, with the maner place, houses, bigings, orchyeards, yeards and haill pertinents thairof, lyeing within the shirreffdome of Lanerick, and of the haill mynes of mettalls and myneralls of whatsumever qualitie within the saids lands and baronie or any parte of the same, with the right and libertie of transportation of the mettalls and mineralls to forrane nations, custome frie and frie of all other dueties and impositions whatsumever, and with all the other priveledges, liberties, immunities and jurisdictions therto belonging, to be holden of his majestie and his successors in few ferme and heritage, for payment of the dewties following viz, for the saids lands of Waterheid and maner place and pertinents thairof, the sume of tuelve merks, sex shilling[s] [and] eight pennies usuall money of this realme, and doubleing of the same at the entrie of the airs in name of fewferme, and for the saids mynes, mettalls and mineralls, the tent parte therof, as the samen shall happin to be win furth of the grund, or the sume of one thousand merks money yeerly in the election of the said Sir James, his spous, thair said sonn and their forsaids, in name of fewferme for all other burden, exaction, demand or other dewtie whatsumever, in the haill heids, articles, clauses and conditions contained in the said infeftment, which is of the date at Holyrudehous, the eight day of September 1641 yeers, with the precept and sasine following thairupon. And als ratifies and approves the charters granted by his majesties' goodsir, of blessed memorie, King James [the] 6[th] to the deceast Thomas, earle of Hadingtoun, therin designed Sir Thomas Hamilton of Monkland, one thairof dated the tuenty nynth of January and the other the fourt day of Aprile 1607 yeers, with the precepts and sasines following therupon, of the mynes, sumtyme called Binnie Mynes, mettalls and mineralls of whatsumever qualitie, within the wholl lands and bounds specified in the saids charters, with the libertie, priveledges and immunities therto belonging, in the whole heids, articles and clauses thairof, together with the sasine of the samen granted to Johne, now earle of Hadingtoun, as oy and air served and retoured to the said Thomas, earle of Hadingtoun, together with the said service, retour and precept of sasine whairupon the same proceidit, in the whole heids, articles and clauses thairof, together also with the disposition of the mynes granted be the said Johne, earle of Hadingtoun to the said Sir James Hope, charters, precepts theringrossed and sasines following thairupon, in the haill heids, articles and clauses thairof. And als ratifies and approves the charter granted be his late majestie to Sir Johne Grahame of Braco, baronet, of the lands and barony of Aithray, in the haill heids and articles thairof, which is of the date at [---] the [---] day of [---] 1636 yeers, together with the precept and sasine following thairupon; together also with the sasines of the saids lands and baronie granted upon the tent day of October 1647 yeers to Sir William Grahame now of Braco, as son and air served and retoured to the said Sir Johne, together with the service, retour and precept of sasine whairupon the samen proceidit dated the nynth of October the said yeer, and disposition thairof granted be the said Sir William and James, marques of Montrose, to the said Sir James Hope, his airs and assignayes whatsumever, dated the nynteinth day of October 1659 yeers, in the haill heids, articles and clauses of the forsaids haill charters, precepts, sasines and others above ratified and will and declare this present ratification to be als effectuall as if the saids haill charters, retours, dispositions, precepts and sasines wer word be word insert and ad longum ingrossed heirin; wheranent his majestie, with advice and consent forsaid, hes dispenced and, be thir presents, dispenses for ever. And for the said Sir James Hope, his said spous, thair said sonne and thair forsaids further securitie anent the premisses, his majestie, with advice and consent forsaid, hes dissolved and, be thir presents, dissolves the aforsaid haill lands, mynes, mettalls and mineralls [and] customes thairof, and others abovespecified, from his majesties' croun and from all annexis to the samen or any parte therof, to the effect the said Sir James Hope and his forsaids may bruik the samen, to be holden of his majestie and his successors in maner forsaid, and as if this present dissolution had been made befor the passing of the saids rights, then as now and now as then, dissolves and ratifies as above. Lykas, his majestie, with advice and consent forsaid, of certane knowledge, dispenses with whatsumever generall lawes may or can in any wayes make derogation heirfrom, and specially but prejudice of the generalitie forsaid with the acts of parliament made in ano 1597 cap. 236 and [...] therof; wheranent, his majestie, with advice and consent forsaid, expresly, be thir presents, dispenses for ever.
[1661/1/486]*[print] [email] [cite] [preceding] [following]
Our soveran lord, and estates of parliament presentlie conveened be his majesties' speciall authority, hes ratified and approven and, be the tenor heirof, ratifies and approves all and sindrie Sir Andrew Agnew of Lochnaw, knyt baronet, shirreff principall of Wigtoun, his charters, rights and infeftments of his lands and baronie of Lochnaw, parts, pendicles and pertinents thairof, lying within the shirreffdome of Wigtoun, with the office of heretable constabularie and baillierie of the same, together with his heretable baillierie of Leswade, Minibrick, Salsyde and Drumastoun, together with the heritable office of shirreffship of the said shirreffdome of Wigtoun, with all and sindrie fies, casualities, proffeits, emoluments, priveledges, dignities and others whatsumever belonging thairunto, according as the samen have been granted and confirmed by his majesties' royall predicessours to the said Sir Andrew Agnew and his ancestors of long descent, and according as he and they have been in use and possession past all memorie of man. And our said soverane lord and estates of parliament wills and grants and, for the future, decernes and ordaines that this present ratification is and shall be als valeid, sufficient and effectuall, to all intents and purposes, siclyk and in the same maner as if the forsaids haill charters, rights, grants and infeftments made, granted or any ways conceaved in favors of the said Sir Andrew Agnew, or any other his predicessors forsaids, wer all word be word and at lenth insert and ingrossed heirintill; wheranent, our said soverane lord and estates of parliament, have dispenced and, be thir presents, dispenses for ever.
[1661/1/487]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of his estates of parliament be thir presents, ratifies, approves and confirmes the disposition made and granted be Mr Johne Prestoun, brother to George Prestoun, sumtyme of Craigmiller and now of Whitehill, and chaplane of the chaplanrie or alterage situat and founded in the paroche kirk of Mussillburgh, called the Ladie Alter, on the fouth parte therof, within the shirreffdome of Edinburgh, with consent of Sir Johne Gilmour, now of Craigmiller, knight, president of the colledge of justice, undoubted patrone of the forsaid chaplanrie, to the which chaplanrie and patronage, the superiority of the lands of Cameron afterspecified, with the pertinents propperlie apperteaned to and in favours of Sir Robert Murray, provest of Edinburgh, heretable proprietar of the forsaids lands of Cameron, with the pertinents, and Dam Anna Hay, his spous, and the longest liver of them two in conjunct fie, and to the airs lawfully procreat or to be procreat betuixt them, which failyeing to the said Sir Robert, his nearest lawfull airs or assignayes, whatsumever heretablie and irredeimablie, of all and haill the forsaid right of patronage of the chaplanrie abovementioned and superiority competent to the saids Sir Johne Gilmour and Mr Johne Prestoun of the forsaids lands of Cameron, with the mansion or maner place, houses, bigings, yeards and pertinents thairof, lying neir the common moore of Edinburgh and within the shirreffdome thairof, and lykwayes of all and sindrie the samen lands of Cameron, with the pertinents, together with the procuratorie of resignation mentioned in the forsaid disposition, to the effect that the saids lands of Cameron, with the pertinents, may be dissolved from the chaplanrie aboverehearsed in all tyme comeing to the end that the superiority of the samen lands and others abovewritten may be consolidat and remaine inseperable for ever in the person of the said Sir Robert Murray and his spous abovementioned, the longest liver of them tuo, in conjunct fie and thair† abovespecified heretablie of the forsaid right of patronage of the chaplanrie aboverehearsed, and of the saids lands of Cameron, both proppertie and superiority thairof, with the mansion and maner place, houses, bigings, yeards and pertinents of the same, lying as said is; and siclyk, of all and sindrie the forsaids teind sheaves of the samen lands of Cameron, with the pertinents, under the exceptions and reservations exprest in the forsaid disposition introduced in favours of the said Sir Johne Gilmour, in maner therin contained, together with the signature of the right of patronage of the forsaid chaplanrie and of the saids lands of Cameron and teinds thairof with the pertinents, both proppertie and superioritie, past upon the resignation of the said Sir Johne Gilmour and Mr John Prestoun in favours of the said Sir Robert Murray and his spous abovementioned, together also with the charter following thairupon, new gift, dissolution and holding thairincontained, with the precept of sasine to follow therupon and instrument of sasine to follow upon the samen, in all and sindrie points, articles, clauses thairincontained, after the forme and tenor thairof, and statuts and ordaines that this present confirmation of the samen is and shall be als valeid, effectuall and sufficient as if the forsaids disposition, charter, precept and inftrument of sasine wer at lenth and word be word insert heirin, dispenseing, be thir presents, with the not inserting thairof in the forsaid ratification. Lykeas, his majestie, with consent forsaid, wills, grants, statuts and ordaines that the lands and others aboverehearsed, in all tyme comeing, be holden of his majestie and his successors be the said Sir Robert Murray and his said spous and their abovespecified, in frie blensh for payment of ane pennie Scots in name of blensh ferme, if the same bies asked allenerlie, notwithstanding of whatsumever exceptions of the law that can be proponed or alledged in the contrare, and declares, statuts and ordaines that the forsaid disposition, charter, precept and instrument of sasine to follow therupon, and the remanent rights and securities made to the said Sir Robert Murray, his said spous and thair forsaids, ar and shall be sufficient and valeid rights and securities for bruiking and joyseing of the forsaid right of patronage and the saids lands of Cameron and teinds thairof, both proppertie and superiority in all tyme comeing, to be holden of his majestie and his successors in maner abovementioned.
[1661/1/488]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of the estates of parliament, ratifies and approves the letter of pension afterspecified, makeing mention that his majestie, haveing for the good of his service and for the benefite and advantage of his people in a right and speedie administration of justice, made choise of Sir John Gilmoir of Craigmiller to be constant president of the session, and considering how ever this may be for the publict good that a person of such knoun integritie and such eminent abilities should exerce that charge, yet it will be of great losse to himselff to be called from ane imployment of so considerable advantage as he then enjoyed, and his majestie, conceaveing himselff obleidged in honor and justice that his service should not be a prejudice to any who are willing to engage in it, and that the said Sir John should be provydit, in his charge of so great weight and importance, so as the grandor of the place may be preserved and the losse he susteans by his service, in some measure be adverted to; thairfor, his majestie granted to the said Sir Johne, dureing his liffe, the yeerly pension of fyve hundreth pund[s] sterlin to be payed at the termes thairincontained, out of the readiest of his majesties' rents, customes or casualities, as the said letter of pension, dated the fyft of February last and past in his majesties' exchequer, at more lenth bears thairfor. And for the said president his encouragement in the faithfull discharge of the said place and trust, his majestie wills and, with advice forsaid, ordaines and commands his majesties' thesaurer principall and thesaurer deput, present and to come, to make or cause payment be made to the said Sir John Gilmoir of the forsaid pension yeerly and termely, thankfully and readily and as tymeouslie as any fies and pensions due and payable to any of his majesties' officers of estate or to the president of his hienes['s] councill, and with them to be preferred to any other fie, precept or pension whatsoever; wheranent these presents shall be their warrand, and ordaines this present act to be recorded in his majesties' books of exchequer to the effect his majesties' thesaurer principall, thesaurer deput and his majesties' collectors and receavers may not pretend ignorance.
[1661/1/489]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of his estates of parliament, ratifies and approves the signatour superscryved be his majestie at Whitehall, the 28 of August 1660, makeing, constituteing and ordaining James Innes of Sansyd, dureing all the dayes of his lifetyme, commisser of the commissariot of Caithnes and Sutherland, and giveing, granting and disponing to him, dureing the space forsaid, the said office, with all priveledges, fies, casualities, liberties, proffeits and dewties perteaneing and belonging thairto, now vacand in his majesties' hands and at his hienes['s] gift and disposition, with full power to the said James Innes, dureing the space forsaid, to make, constitute, place and displace at his pleasure procurator fiscalls, deputs and substituts for whom he shall be holden to ansuer, and lykwayes with full power to him and his deputs and substituts to bruike and joyse the forsaid office, and to use and exerce all priveledges and liberties, and to uplift all fies, casualities, proffeits and dewties perteaneing and belonging thairto, and therupon the said James Innes to dispone at his pleasure, siclyk and als freely in all respects as any other commisser of any other commissariot within this kingdome hes done or lawfully might have done or may doe in any tyme bygone or to come, in the haill heids, clauses and articles thairof declareing the generality abovewritten, to be als valeid and sufficient as if the said signatour wer heirin word be word ingrost; whairwith his majestie, with advice forsaid, hes dispensed and, be thir presents, dispenses for now and ever.
[1661/1/490]*[print] [email] [cite] [preceding] [following]
Our soveran lord and estates of parliament, considering the many good and thankfull services done be Sir Hew Campbell, now of Calder, and his predicessors and authors to his most excellent majestie and his hienes['s] most royall progenitors, and of the said Sir Hew Campbell his resolution to continew and persevere in doeing and performeing the lyk services to his majestie and his successors for the future; thairfor, to have ratified and approven and, be thir presents, ratifies and approves ane charter and infeftment granted be his majesties' umqhile dearest goodsir King James the sext, of ever blessed memorie, under his hienes['s] great seale, dated the tuentie-one day of November 16[---] yeers, to the deceast Sir Johne Campbell of Calder, knight, and his airs male in few ferme heretablie, of all and haill the yle and lands of Yla, Rynnes and Midlewair of Ylla, Illan, Tossan, alswell rentallit as unrentallit, together with the castell, tour, fortalice and maner place of Dunevaig, with salmond fishing of the saids lands and yle of Yla, haill parts, pendicles and pertinents thairof, and whilks lands of Ylla are erected in a frie baronie called the baronie of Ylla, together also with ane burgh of baronie to be biged upon any parte within the bounds of the said ylle, with all priveledges, liberties and immunities of ane frie burgh of baronie, in maner specified in the said infeftment, together with a ratification thairof made be the said King James the sext and his estates of parliament holden at Edinburgh in anno 1617. And lykwayes, his majestie, with consent forsaid, ratifies and approves ane charter and infeftment under the great seall of the date, the sext day of February 1623, made and granted to umqhile John Campbell, fiar of Calder, be the said King James the sext, of all and haill the lands and baronie of Calder and others therinmentioned, and all priveledges, offices and jurisdictions thairincontained, precept and instrument of sasine following therupon, dated the fifteinth of March 1623, and procuratorie of resignation whairupon the same proceidit, dated the nynt day of August 1622, and instrument of resignation granted therupon, dated the sext day of February 1623 yeers; as also, the charter and infeftment of the baronie of Ylla granted to the said deceast Johne Campbell upon the said Sir Johne, his resignation, dated the fourt day of February 1627, with the haill priveledges, offices and liberties thairincontained, together with the precept and instrument of sasine following thairupon, dated the tent day of November 1627, and procuratorie and instrument of resignation wherupon the said charter proceidit, dated the tuenty-nynt day of July and first day of September respective 1626. And in lykmaner, his majestie, with consent forsaid, ratifies and approves the infeftment granted be umqhile James, lord Torphichen to the deceast Mr Thomas Rollock of all and haill the temple lands of Ardnaseir, and others specified in the said infeftment, dated the tuenty-sext day of December 1611, with the precept and instrument of sasine thairupon, dated the tuenty-sext day of January 1612. And ane other charter granted be the deceast Mr Thomas Rollock to the deceast Johne Campbell, dated the thretteinth day of August 1626, of the forsaid temple lands, with the precept and instrument of sasine following thairupon, with his said majesties' umqhile dearest goodsir his confirmation thairof, dated the fifteinth day of February 1627. And siclyk, his majestie, with consent forsaid, ratifies and approves the charter and infeftment granted be the said King James the sext to the said deceast Johne Campbell of the baronie of Kilmachronage (alias Mutkairne), dated the sext day of Aprile 1606, with the precept and instrument of sasine following thairupon, together with the charter and infeftment granted be the said deceast Sir John to the said John Campbell, his son, of the said baronie of Kilmachronage, priveledges, jurisdictions and offices therinmentioned, precept and instrument of sasine following thairupon, and procuratorie and instrument of resignation of the saids lands granted be the said Sir Johne in favours of his said son, and ratification of all the saids rights and infeftments granted be his majesties' umqhile dearest father, of eternall memorie, in his parliament holden at Edinburgh, the tuentie eight day of Junij 1633, with all others infeftments, charters, procuratories and instruments of resignation, precepts and instruments of sasine, contracts, dispositions, taks, assedations and prorogations thairof, and all other rights and securities made and granted be his majestie or his most noble progenitors, or be whatsumever other persone or persons, to the said Sir Hew Campbell, now of Calder, or to the deceast Johne Campbell, his uncle, or to the said Sir Johne Campbell of Calder, his goodsir, or ane or other of them or thair predicessors, cedents or authors, of upon or concerning the saids lands, baronies, brughs of baronies, lands of Auchonell, Losset in Yla, Lochow, offices, fewdewties, teinds, casualities, proffeits and emoluments thairof, of whatsumever dates, tenors or contents the same be of, in the haill heids, obleidgements, articles, clauses, priveledges, offices, jurisdictions, points and circumstances of the haill forsaids infeftments, rights and securities. And his majestie, with advice and consent forsaid, decernes and ordeanes the forsaids charters, precepts and instruments of sasine, procuratories and instruments of resignation and confirmations thairof abovespecified, and remanent rights abovementionat, heirby ratified and approven in maner abovexprest, together with this present act of ratification of the samen, to be ane sufficient, valeid and effectuall security to the said Sir Hew Campbell, his airs male and assignayes, of the haill lands, barronies and others therincontained, and that they, be vertew thairof, may peaceablie possesse, brook, joyse, use and dispone therupon as their oune propper heretage at thair pleasure in tymecomeing, but any question, stop, trouble or impediment to be used or made against them theranent.