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The king's majestie and estates of parliament, now presentlie conveened, hes ratified, approven and confirmed, and heirby ratifies, approves and perpetually confirmes, the charter made and granted be umqhile King Charles the first, his majesties' dearest and royall father, of eternall and glorious memorie, under his royall hand and great seall, of the date at Oatlands, the sext day of July 1636, wherby his said umqhile majestie, for the disposition and resignation made to him be umqhile James, duke of Hamiltoun, therby designed marques of Hamiltoun, of the lordship of Arbroth, temporalitie and spirituality thairof, and in parte of compensation and satisfaction therfor, gave, granted and disponed, with advice and consent therinspecified, to the said umqhile duke and to his airs male and assignays, heretablie and irredeemably, all and haill the lands and barronie of Lesmahago, alswell proppertie as superiority therof, comprehending the lands and others particularly and generally therin exprest, together with the mynes of gold and silver within the samen, with the teinds, personage and viccarage therof, with advocation, donation and right of patronage of the paroche kirk and parochin of Lesmahago, together with the precept and instrument of sasine following therupon; and siclyk the charter made be his said umqhile majestie, with consent therinspecified, for the causes therin mentioned, wnder his royall hand and seall, of the date at [...] the [...] day of [...] 1640 yeers, to the said umqhile duke, and to his airs male and assignays forsaids, off all and haill the heretable office of keeping his majesties' pallace of Halyrudhous, with all yeards, orchyeards, bouling greens, parks and others whatsoever perteining thairto, and with all priveledges, dignities, immunities, fies, proffeits, dewties and casualities belonging to the same, with the power of makeing underkeepers, deputs, gairdiners and other officers whatsomever therin, with the precept and instrument of sasine following therupon, together with the service and retour dated the second day of November 1649 yeers, wherby umqhile William, duke of Hammiltoun wes brother and air male served and retoured to the said umqhile James, duke of Hamiltoun therintill; and in the lands, lordship and regalitie of Abbotskerse, with diverse others lands, lordships, barronies, teinds, officies and others particularly therin exprest, with the precepts and instruments of sasine following therupon, together also with the right and disposition made be the said umqhile William, duke of Hamiltoun to Anna, dutches of Hamiltoun, his neece, and to her airs therinspecified of the samen, of the date the nynteinth day of March 1650 yeers, with the instrument of resignation following therupon in his majesties' hands; with the charter granted be his majestie therupon under his great seall, of the date at Edinburgh, the fyfteinth day of Junii 1661 yeers, with the precept and instrument of sasine following upon the same. And in lykmaner, the king's majestie, for himselff and as prince and stewart of Scotland and estates of parliament forsaid, hes ratified, approven and confirmed and heirby ratifies, approves and perpetually confirms the charter made and granted by his majestie, for himselff and as prince and stewart forsaid, with advice and consent therinspecified, under his royall hand and great seall, of the date at Whitehall, the eight day of January 1668 yeers, wherby his majestie gave, granted and disponed to the said Anna, dutches of Hamiltoun, and to the airs male lawfully procreat or to be procreat of her bodie, whilks failyeing to her other airs and successors thairin contained, all and haill the saids lands and barronie of Lesmahago, with the milns, mynes, teinds and patronage forsaid thairof, and heretable office of bailyerie of the same; and all and haill the said heretable office of keeping of his majesties' said palace of Halyrudhous, and pertinents thairof abovespecified, with all priveledges, dignities, immunities, fies, casualities, proffeits and others abovementioned belonging to the same; and als all and haill the saids lands, lordship and regality of Abbotskerse, with the burgh of Polmont, heid burgh of the regality therof; and all and haill the lands and earledome of Arran, with the heretable office of justiciary thairof; and siclyk all and sindrie the lands and barronies of Hamiltoun, Bothwell, Bothwellmoore, Machanshire, Avandale, Peilthorntoun, Kinneill, Carridden, Kettelstoun and the mure or common of Stenhous, with the respective advocations, donations and rights of patronages therof; and spetially of the deanrie of Glasgow, called the personage of Hamiltoun and Dalserff, and of the tuo collegiat kirks of Hamiltoun and Bothwell, and haill provestries, prebendries and chaplanries respective of the same, with the saids respective prebendries themselffs, with all lands, teinds, fruits, rents and proffeits respective thairof, with diverse others lands, lordships, barronies, teinds, offices, patronages and others particularly and generally exprest in the said charter, with all and sindrie their castles, tours, fortalices, maner places, houses, bigings, yeards, orchyeards, milns, woods, fishings, tennents, tennendries, service of free tennents, teinds, patronages, offices, burghs, priveledges, honours, dignities, immunities and others whatsomever belonging therto; whilks are holden as heirin spetially repeited brevitatis causa all unite and erect in ane dukedome called the dukedome of Hamiltoun, except the saids lands and barronie of Avandale, Peillthorntoun and Ketlestoun, with the saids prebendries of Hamiltoune and Bothwell, be vertew of his majesties' said charter in the yeer 1661. And farder, his majestie, for himselff and as prince and stewart of Scotland forsaid, with advice and consent abovewritten, for the many great, notable, emenent and faithfull services done and performed to his majestie and to his said umqhile dearest royall father, and to others his majesties' most noble progenitors be the said Anna, dutches of Hamiltoun, and be the saids umqhile James and William, dukes of Hamiltoun, and others their predecessours, in most hard and difficult tymes for defence of his said majestie, and of his said dearest father's royall authority, both within and without this realme, to the hazard and losse of thair lyves, fortunes and estates, and for diverse other weighty considerations moveing his majestie, of his certane knowledge, propper motive, princely power and royall prerogative, of new gave, granted and disponed to the said Anna, dutches of Hamiltoun, and her airs male, whilks failyeing, as said is, all and sindrie the lands, earledome, lordships, barronies, milns, woods, fishings, mure, teinds, offices, patronages, burghs, provostries, prebendries, chaplanries, priveledges, mynes and others particularly and generally abovewritten, alswell erect as not erect, in the forsaid dukedom, with all right, title, interesse, clame of right, proppertie and possession, alswell petitor as possessor, whilk his majestie, for himselff or as prince and stewart forsaid, his predicessors and successors, kings, princes and stewarts of this realme, had or could pretend therto or to any parte therof, be or throw any maner of way whatsomever. And siclyk, his majestie, for himselff and as prince and stewart of Scotland forsaid, for the causes above mentioned, gave, granted and disponed to the said dutches and her airs male forsaid, whilks failyeing as said is, all and sindrie mynes of gold and silver, tin, lead, copper, and other mettall whatsomever within the bounds of the haill lands and others abovewritten, with the priveledge and liberty of wining, working, fyning, refyning and transporting thairof; and morover suppressed the name, title, dignitie and office of prebend or prebends of all and sindrie the prebendries of the saids tuo collegiat kirks of Hamiltoun and Bothwell, particularly and generally mentioned in the said charter, and together therwith in all time comeing, and dissolved and disjoyned the samen from the provostries respective therof, and gave, granted and disponed the samen haill prebendries with all lands particularly and generally mentioned in the said charter, teinds, fruits, rents, proffeits and dewties whatsomever belonging therto, with the priveledge and power of entering and receaveing vassalls therintill, uplifting of the dewties, casualities and proffeits therof, useing and disponeing therupon, to and in favours of the said dutches and of her airs and assignayes whatsomever, with all right or tytle his majestie had or may pretend therto, as being vacand in his majesties' hands, and at his majestie' gift and disposition, throw dimission of the samen haill prebendries and chaplanries, with their office, lands, teinds and pertinents, be the sole and last prebend therof in his majesties' hands, in maner mentioned in the said charter. And in lykmaner, erected and incorporated to the said dutches and her airs male forsaid, whilks failyeing as said is, the abbay green of Lesmahago, the kirktoun of Crawfurd John and kirktoun of Kilbryd in Arrane, with ane frie port and herbour ther, in three severall burghs of barronie, with the priveledge of weekly mercats and yeerlie fairs. And lykways created, erected and incorporated the haill lands, earledome, lordships, barronies, milns, woods, fishings, teinds, offices, burghs of barronie, patronages, provostries and others particularly and generally abovementionat, in ane haill and free dukedome, lordship and regality, to be called now and in all tyme comeing the dukedome, lordship and regality of Hamiltoun, and the touns and burghs of Hamiltoun and Borrowstounes to be the tuo heid burghs of the regality therof, with the priveledge of frie regality, heretable baillierie, justiciary, chappell and chancellrie within the bounds of the haill lands and others respective above mentioned; and siclyk, created and erected the saids tuo touns and burghs of Hammiltoun and Borrowstounes, with ane frie port and harbour at Borrowstounnes, in tuo frie burghs of regality, with the priveledges of weekly mercats and yeerly fairs, and appointing baillies and keepers of the saids fairs, and uplifting of all customes, tolls, anchorages, shore dueties and other dewties respective therof, and applying the samen to the use of the said dutches and her forsaids. And farder, his majestie, for the causes forsaids and certane other causes, converted and changed the holding of the saids lands and barrony of Machanshyre, and mure of Stanehouse, from waird to blensh, for yeerlie payment of ane Scots pennie if asked; and siklyk his majestie, for himselff and as prince and stewart forsaid, changed the holding of the fyve pund land of Lickprivick, with the milne and pertinents, being a parte of the saids lands and barronie of Peillthorntoun, also from waird unto blensh for yeerly payment of ane other Scots pennie, and discharged the said dutches and Ladie Sussanna Hamiltoun, her sister, now countes of Cassills, of their respective mariages and of all wairds, releiffs and nonentresses of the lands, barronie and others forsaids, sua changed from waird and of all other lands and barronies perteining to them or either of them holden waird of his majestie, either for himselff or as prince and stewart of Scotland forsaid. And in lykmaner, his majestie, for the causes forsaid, not only ratified and approved the charter abovewritten granted be his said dearest royall father to the said umqhile James, duke of Hamiltoun and his forsaids, of the saids lands and barronie of Lesmahago, with the milns, mynes, teinds, patronages and pertinents thairof abovwritten, with the precept and instrument of sasine forsaid following therupon, and acts of dissolution of the samen, and of the saids lands, lordship and regality of Abbotskerse, with the milns and pertinents therof, from his majesties' croun and patrimony therof, in favours of the said umqhile James, duke of Hamilton, or of any of his predecessours or authors with all that had followed or might follow therupon, in the haill heids, articles and clauses respective thairof, bot also of new dissolved the saids lands and barronie of Lesmahago, lordship and regalitie of Abbotskerse, with their milns, teinds and pertinents respective, from his majesties' croun and patrimony therof; and his majestie willed and granted and, for him and his successours, decerned and ordained the samen, in all tyme comeing, to remain with the said dutches and her airs male forsaid, whilks failyeing as said is, as dissolved and disjoyned from his majesties' croun and patrimony thairof; wherunto the samen or any parte therof wes formerlie united, to be peaceably brooked, joysed, used and disponed upon be them as their oun propper heretage, at thair pleasure and that the vassalls of the saids lands and barronie of Lesmahago, lordship and regality of Abbotskerse should hold the samen and everie parte therof of the said dutches and her forsaids, and be lyable in payment to them of all benefite, proffite and casuality of superiority therof then fallen or whilk should happen to fall. And his majestie, of his oune frie propper motive, will and certane knowledge, upon the grounds and reasons aforsaid, dispensed with the act of annexation of the superiority of kirklands to his majesties' croun made be his majesties' said umqhile dearest father and estates of parliament of this realme in anno 1633, with the late act of annexation of the superiority of kirklands to his majesties' croun made be his majestie himselff and the saids estates of parliament in anno 1661, and with all other generall laws, particular acts of parliament, statuts, constitutions and practicks whatsomever of this said realme which might or could be any wayes hurtfull or prejudiciall to the forsaid charter and infeftment following therupon granted to the said dutches and her forsaids by his majestie, of the saids lands and barrony of Lesmahago, lordship and regality of Abbotskerse, with thair pertinents or any parte therof in tyme comeing; and his majestie faithfully promitted in verbo principis to cause ratifie the forsaid charter, with the precept and instrument of sasine to follow therupon, in the haill heids and clauses respective thairof in the first session of his majesties' parliament of this his said realme, and to make ane new particular dissolution in parliament of the saids lands and barrony of Lesmahago, lordship and regality of Polmont with thair milns, mynes, teinds and pertinents from his majesties' croun and patrimony therof, as the samen charter, of the date the said eighteinth day of January 1668 yeers, containing diverse other clauses in favours of the said dutches and her forsaids, more fully containes, together with the precept and instrument of sasine following therupon, in all and sindrie the heids, clauses, articles, provisions, conditions and declarations of the samen charters, rights and infeftments respective in all points, after the formes and tenors therof. And his majestie and the saids estates of parliament doe heirby declare, decerne and ordaine that this present generall ratification is and shall be als valeid, effectuall and sufficient, to all intents and purposes, as if the saids haill charters, rights and infeftments, particularly and generally abovementionat heirby ratified, wer all heirintill verbatim insert, and which his majestie and estates of parliament holds as a parte heirof and heirin specially exprest brevitatis causa; wheranent his majestie and his saids estates of parliament hes dispensed and heirby dispenses for ever. And farder, his majestie, with advice, consent and [by] decreit and delyverance of his saids haill estates of parliament, for the great and eminent services done and performed be the saids umqhile James and William, dukes of Hamiltoun, and others thair predecessors, in defence of his majestie and of his said royall father and others his royall progenitors, and for certane other great, seen, reasonable and weighty causes, for the good and well of this realme, doe heirby dissolve, disunite and disjoyne from his majesties' croun and patrimony thairof, in all tyme comeing, all and haill the saids lands and barronie of Lesmahago, and all and haill the saids lands, lordship and regalitie of Abbotskerse, with their milns, myns, teinds and pertinents respective, and decernes and ordaines the samen to remain, now and in all tyme coming, with the said dutches and her airs male forsaid, whilks failyeing as said is, as dissolved and disjoyned from his majesties' croun and patrimony thairof, wherunto the samen or any parte therof was formerly annexed; and also decernes, declares and ordaines that this present dissolution and ratification are and shall be good, valeid and sufficient rights and securities to the said dutches and her forsaids for the peaceable brookeing, joyseing and possessing of the forsaids lands and barronie of Lesmahago, lordship and regality of Abbotskerse, with the remanent lands, earledome, lordships, barronies, milns, teinds, offices and others particularly and generally above exprest, now erected in ane regality, as said is, conforme to the forsaid charter and infeftment of regality and remanent rights and infeftments abovewritten of the samen heirby ratified, after the forme and tenor thairof respective in all points. And his majestie, with advice, consent and by decreit and delyverance of his saids haill estates of parliament, declares, decernes and ordaines that this present dissolution and ratification shall be als valeid and sufficient to the said dutches and her forsaids, to the effect above exprest in all respects, as if ther had been ane particular act of dissolution made and past in parliament of the saids lands and barrony of Lesmahago, lordship and regality of Abbotskerse, with the milns, teinds and pertinents, befor the granting by his majestie and his said umqhile father of the charter and infeftments abovewritten thairof to the said dutches, her said umqhile father and uncle and others her predicessors, and which now, with the other lands, earledome, lordships, teinds, offices and others particularly abovementioned, are erected in ane regalitie, as said is, and that notwithstanding of the fourty-thrid act of the elevent parliament of King James the second anent regalities, and of the said act of annexation of the superiority of kirk lands to his majesties' croun and patrimony thairof in the said yeer 1633, and former acts wherunto the samen relates and which are thairby ratified, and als of the act of ratification of the same by his majestie and his saids estates of parliament in the yeer 1661, and of all other generall lawes, particular acts of parliament, statuts, constitutions and practicks of this realme whatsomever in the contrare heirof, or which may be anyways hurtfull or prejudiciall heirto in any sort, wheranent, and with the generality forsaid and with all other defects and imperfections whatsomever, or whilks may or can anyways be objected or alledged against the validitie or legality of this present ratification and dissolution, and of the writs, rights, charters, infeftments respective abovewritten heirby ratified and approven, his majestie, with advice, consent and [by] decreit and delyverance of his saids haill estates of parliament, for the causes forsaids, hes dispensed and heirby dispenses for ever.
Protestation burgh of Linlithgow against the forgoeing ratification
The whilk day Robert Milne, provest of Linlithgow and commissioner from the said burgh, protested that nothing contained in the ratificatione past this day in parliament in favours of the dutches of Hamiltoun, nor in the charters or other rights therin mentionat, should be prejudiciall to the said burgh of Linlithgow anent thair rights and priveledges whatsomever, and the duke of Hamiltoun protested in the contrare.