[1681/7/88]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with advice and consent of the estates of parliament, hes ratified and approven and, be thir presents, ratifies and approves the chartor and infeftment made and granted by his majestie, as king and as prince and stewart of Scotland, and alse as nearest air male to the deceist Charles, duke of Lenox and Richmond, with consent of the lords commissioners of his majesties' thesaurie and exchequer, under his majesties' great seale of Scotland, of the date at Windsour Castle, the tuentie day of August jM vjC and eightie, to his majesties' dearest naturall sone Charles, duke of Lenox and Richmond, and the aires male of his bodie, which failyieing to returne to his majestie, his aires and successors, off all and sundrie the dukedome, earledome, lordships, baronies, regalities, lands, offices and others respective and particularlie under written, with castles, towers, fortalices, maner places, mylnes, mylnelands, multures, woods, fishings, tennents, tennendries, service of free tennents, chapleanries, prebendaries, advocations, donations, rights of patronage, pairts, pendicles and all and sundrie the pertinents there of, lyand as followes, viz, all and haill the dukedome, earledome, lordship, baronie and regalitie of Lenox, with free chaple and chancellarie, and with all and sundrie immunities, priviledges and liberties of ane free regalitie, speciallie comprehending thereintill the lands, lordships, baronies, castles, offices and others particularlie and generallie after mentioned, alswell propertie and tennendrie, as superioritie thereof, to witt, all and haill the ten pund land of Kilmahew, all and haill the fiftie-thrie shilling, four peny land of Blairchynnachra, the fiftie-thrie shilling, four peny land of Balimanoche, the fiftie-thrie shilling, four peny land of Geilstoun, alias called Ardardanes Mccaulay, the eight pund land of Ardardanes Noble and Lyll, the fyve pund land of Keppock, the fyve pound land of Cowgrain, the seven pund land of Camseskaines, the fourtie shilling land of Kirkmichaell Stirling, the fourtie shilling land of Kirkmichaell Buchannan, the tuentie-sex shilling, eight peny land of Stockleckie, the eight pund land of Miliges, the eight pund land of Ardingaples, the four merk land of Laggriddes, the fyve pund, sex shilling, eight peny land of Ardinchonnell, the four pund land of Lettir Roualbeg and Stuckieheigh, the fyve pund, sex shilling, eight peny land of Blairwaddochie and Stucknadow, the four pund, thretteen shilling, four peny land of Blairnickmoir, the fyve pund, sex shilling, eight peny land of Lettir Rowalmoir, the fyve pund land of Fausline, the nyne pund land of Garlochhead, Mamor, Mabeg [and] Forlincarie, togither with the fishing of salmond and other fishes in the water and loch of Garlochie, the sex pund, thretteen shilling, four peny land of Alterpitoun and Lettir, the fourtie shilling land of Duarling, the thrie pound, sex shilling, eight peny land of Strourattane, the fyve pund, sex shilling, eight peny land of Fynnart, Portchappell and Forlinbreick, the sex pund, thretteen shilling, four peny land of Stuckidow, Auchinvennalmoir and Auchingach, the thrie pund, sex shilling, eight peny land of Auchinvennall Mowling, the sex pound land of the three Kilbrydes, the fyve pund land of Bannachries, the thrie pund land of Blairnairne, the threttie-three shilling, four peny land of Blairvarden, the fyve merk land of Meikle Drumfad, the two merk land of Litle Drumfad, the fyve pund land of Darleith, the fyve pund land of Auchindonnan Dennystoun, the fyve pund land of Camron Dennystoun, the ten pund land of the three Tillichquheins, the eight pund land of Bonyll Lindsay, the fyve pund land of Dalquhairne, the fourtie pund land of Arroquhare, the ten pund land of Craigtrastoun, the fiftie shilling land of Bonyll Noble, alias Noblestoun, the ten pund land of Bonyllnaiper, the fyve pund land of Ballochie, with the fishing of salmond and other fishes in the water of Levin and loch of Lochloman, togither with the isles of Inshmirran, Inchvennochie and Crevishe in Lochloman, with the advocation, donation and right of patronage of the provestrie and prebendries of the colledge kirk of Dumbarton, and of all other kirks and chapleanries thereof, with the office of shirrefship of Dumbartane, the fyve pund land of Portwellane Galbraith, the fiftie shilling land of Portwallane Hallyday, the fiftie shilling land of Ardoch Campbell, the fiftie shilling land of Phinwick Blair, alias Finwick Malice, the fourty shilling land of Ballantone, the four merk land of Drumakill, the fyve pund land of Lettir Stryveling, the fiftie shilling land of Gartfoorane, the tuenty-fyve pund land of Drumwhassill, Bowquhynning, Blairfade, Ladinrow, Craigivairne, Balernane, Easter Mugdock, Meikle Blairquhois and Midlemboig, the tuenty merk land of Finwick Drumond, Cashleyes, Offrings and Gartinsourie, the fyve merk land of Collingadies, the fyve pund land of Blairinvadies, with the isles of Inshmoir and Blaron, with the loch of Lochloman, the tuentie merk land of Kinroyes, Asquemoir, Drumteans and Drumquhairnes, the fyve merk land of Auchintrog, the ten merk land of Enboges, alias Glenboges, Cunynghame and Mckewin, the fyve merk land of Garthell, the fyve pund land of Blairinshogle, the fyve pund land of Ballikinrame, the fyfteen pund land of Kilcreuchie and Dallingounachane, the fyve pund land of Balydoun, alias Balevins, Buchannane and Lenox, the tuenty merk land of Balvey, Fergustoun, Gartconnell, Ledcamroch, Bannochtone, Camrone, Camquhill and Ballowhominiges Logands, the tuelve pund land of Maines Litlebalvey, Ledeamroche, Camron, Caurquhill, Balquhining and Harlehevin Douglas, the tuentie pund land of Drumry, the fyve pund land of Dalmuir, the fyve pund land of Kilmardine, the fourtie shilling land of Ballagane, with all and sundrie their castles, towers, fortalices, manors, housses, biggings, yairds, orchyairds, fields, mylnes, multers and their sequells, woods, free forrests, fishings of salmond and other fishes, tennents, tennendries, service of free tennents thereof, and all their pertinents, all lying within the shirefdomes of Dumbartane and Striveling respective. And als, of all and haill the lands and lordship of Methvin, with castles, towers, fortalices, maner places, housses, biggings, yairds, orchyairds, meadows, woods, milnes, fishings, tennents, tennendries, service of free tennents thereof, advocation, donation and right of patronage of the provestrie and prebendries of the colledge kirk of Methvin, and of all uthers kirks and chapleanries thereof, with their pertinents, extending to ane tuenty pound land of old extent, lying within the shirefdome of Pearth; and likewayes, of all and haill the office of admiralitie of the haill kingdome of Scotland and isles thereof, including and comprehending the isles of Orkney and Zetland and all uther isles belonging to the said kingdome, with all and sundrie prehemenencies, dignities, liberties, priviledges, immunities, jurisdictions, fies, casualities, profites and dewties whatsomever belonging, or that may be any wayes known to belong thereunto; and of all and haill the office of chalmerlanrie of the said kingdome of Scotland, with the priviledges, honors, dignities and commodeties whatsomever belonging thereunto; [and] as also, of all and haill the castle of Dumbartoun, with the haill lands, teinds, anwelrents, fishes, fermes, dewties, services and uthers casualities whatsomever belonging thereto, extending to ane fiftie-thrie pund, sex shilling, eight peny land of old extent, all unit, annexit, erect, creat and incorporat in ane free dukedome, earledome, lordship, baronie and regalitie, called the dukedome, earledome, lordship, baronie and regalitie of Lenox, with priviledge of free chaple and chancellarie, ordaining the place of Inchmirran to be the principall messuage of the said dukedome. And siclike, of all and haill the earledome, lordship, baronie and regalitie of Darnlie, with free chaple and chancellarie, and with all priviledges, immunities, honors, dignities, casualities, profeits and commodeties whatsomever pertaining and belonging to ane free earledome, and to ane free regalitie, chaple and chapleanrie, speciallie comprehending therintill; all and sundrie the lands of Cruickisfie and Darnlie, with castle, tower, fortalice and milne of the samen; and in like maner, of all and haill the lands of Inchinnan, with maner place, palace, milne and pertinents thereof, the lands called Newshot and the uther isles in Greiff, lying within the flood mark or sea mark near Inchinnan, the lands of Portingshot and milne of the samen, the lands of Dargarvell, with the castles, towers, fortalices, milnes, multures, fishings, woods, tennents, tennendries, service of free tennents, and all their pertinents whatsomever, and siclike of the advocation, donation and right of patronage of the kirk of Inchinnan, parsonage and vicearage thereof, and haill teinds, alswell great as small, parsonage and viccarage of the said parochin and kirk of Inchinnan, and of all lands, roumes, possessions and others within the samen, all lying within the regalitie of Darnlie and shirefdome of Renfrew, togither with the priviledge of a free regalitie, chaple and chancellarie within the haill bounds of the foresaids lands and uthers, alswell propertie as tennendrie, and all immunities, customes and pertinents belonging or that may be known to belong thereunto; and of all and sundrie the teind sheaves and uthers teinds parsonage and vicearage of the lands underwritten, viz, of the lands of Cruikistoun and Dormonsyde, Damshot, Nethertoun of Cruikistoun, Greensydhaugh, Blindmansweill, Auld Cruikistoun, Camesthorne, Laveronsheills, Salterland, Wardhill, Sklaits, Over Couglen, Maidlands, Kendishead, the maines of Darnlie, Newlands, Kyllslack, Meadowflat, Nether Ariden, Over Ariden and Clogholls, with the pertinents, lying within the old parochen of Paisley and shirefdome of Renfrew. And als, of all and haill the lands and baronie of Torboltoun, with woods, milnes, fishings, tennents, tennendries, service of free tennents thereof, advocations, donations and rights of patronages of the kirks, chapleanries and benefices of the samen with the pertinents; the lands of Galstoun, with tower, fortalice, maner place, milne, tennents, tennendries, service of free tennents thereof, advocation, donation and right of patronage of the kirks and chapleanries of the samen, and all and sundry their pertinents; all and sundrie the lands of Dreghorne, with the pertinents, extending to ane hundreth pund land of old extent, lying within the shirefdome of Air, all unit, annexit and incorporat in ane haill and free earledome and free regalitie, called the earledome of Darnlie, with priviledge of free chaple and chancellarie, as said is, ordaining the castle of Darnlie, alias Cruikistoun, to be the principall messuage of the said earledome. And alse, of all and haill the offices of bailliarie and justiciarie of the baronie and regalitie of Glasgow, within the haill bounds of the lordship, baronie and regalitie thereof, and in all pairts of the said lordship and baronie alswell without as within the burgh of Glasgow, with all fies, casualities, priviledges, immunities and dewties whatsomever used and wont pertaining to the said office. And siclike, of all and sundrie the lands and others respective underwritten of the lands and baronie of Kilmarnock after specified, viz, all and haill the three pund land of the Maines of Kilmarnock, with the tower, fortalice, maner place, housses, biggings, yairds, orchyairds, pairts, pendicles and pertinents thereof; all and haill the three pund land of old extent of Bairdland with the pertinents; all and haill the three pund land of old extent of Aber, with the mylnes, mylnelands, multurs and sequells thereof and pertinents of the samen; all and haill the fourtie shilling land of old extent of Gartowhairn with the pertinents; all and haill the fourty shilling land of old extent of Dunchryne with the pertinents, togither with the isles of Inchcalyeoch, Inchcroan and Inchfade with the fishings in the loch of Lochloman, all lyand within the baronie of Kilmarnock, and wer formerly proper pairts and pendicles thereof, and within the shirefdomes of Dumbartane and Striveling respective, and now, be annexation, within the said shirefdome of Dumbartane, and wer unit, erect and incorporat in ane haill and free baronie called the baronie of Kilmarnock, ordaining the tower and fortalice of Kilmarnock, with the maner place, housses and biggings thereof, to be the principall messuage of the said baronie and ane seasing to be taken thereat to stand and be sufficient for all and sundrie the lands and others above written, with the pertinents, formerly unit in ane frie baronie, as said is, without any uther severall or particular seasing to be taken at any uther pairts or places else where. And siclike, all and sundrie the lands and uthers under written, viz, the fourtie shilling land of Bartwharran, the fourtie shilling land of Caldarvan, the fourtie shilling land of Cambusmuir, the four merk land of Markinch, the fifteen shilling land of Wester Finnarie, the fyfteen shilling land of Eister Finnarie, the three pund land of Blairquhomrie, with pairts, pendicles and pertinents thereof, the corne milne of Mewis, with the mylne lands and astricted multurs of the three pund land of Bardland, of the three pund land of the Maines of Kilmarnock and fourtie shilling land of Duncryne, with the astricted multurs of all uthers lands astricted to the said mylne, with all uthers dewties and services used and wont pertaining and belonging thereto, and with all and sundrie housses, biggings, yairds, orchyairds, muires, maresses, meadows, commonties, annexis, connexis, pairts, pendicles and pertinents thereof, lyand within the baronie of Kilmarnock and shirefdome of Dumbartane. And als, all and haill the advocation, donation and right of patronage of the kirk of Kilmarnock, with the teinds parsonage and viccarage, great and small thereof, fruits, rents, provents, profeits, emoluments and dewties whatsomever pertaining and belonging thereto, togither with all uthers lands, lordships, baronies, milnes, woods, fishings, teinds, advocations, donations, rights of patronage and uthers whatsomever pertaining to the said deceist Charles, duke of Lenox or whereunto his majestie, as nearest air male and of tailyie, can succeed to him or to any of his predicessors, togither with all right, title, interest and claime of right which his majestie, as king, prince and stewart of Scotland, or nearest air male to the said deceist Charles, duke of Lenox, had, hath or anywayes may have, ask, claime or pretend to the saids dukedomes, earledomes, lordships, baronies, regalities, offices, lands and others particularlie and generallie abovewritten, or to any pairt or portion thereof or to the maills, fermes, profites and dewties of the samen. And his majestie willed and granted and, for him and his highnes['s] successors, decerned and declared that the said Charles, duke of Lenox and Richmond, and his foresaids, shall peaceablie bruik, enjoy and possess the foresaids dukedomes, earledomes, lordships, baronies, regalities, lands, offices and uthers abovewritten with the pertinents, siclike and als freely, in all respects, as his majestie or the said umquhile Charles, duke of Lenox, or any uther of his predicessors, did or might have done at any time before granting of the foresaid chartor. And farther his majestie, as king and as prince and stewart of Scotland, did of new unit, annex, erect, creat and incorporat the haill lands, lordships, baronies and others abovewritten, in ane new dukedome, earledome, lordship, baronie and regalitie, to be called the dukedome, earledome, lordship, baronie and regalitie of Lenox, and in ane new earledome and regalitie to be called the earledome of Darnlie, to be holden of his majestie, as king and as prince and stewart of Scotland respective, and his highnes['s] successors kings, princes and stewarts of Scotland, in fie heretage, free dukedome, earledome, lordship, baronie and regalitie, with free chaple and chancellarie, and with all priviledges, immunities, dignities, honors, casualties, profeits and commodeties whatsomever pertaining and belonging to ane free dukedome, earledome, lordship, baronie and regalitie, with free chaple and chancellarie, for the yearlie payment to our said soveraign lord, as king and as prince and stewart of Scotland respective, and his majesties' successors, of the blensch dewties and uthers mentionat in the foresaid chartor. Likeas his majestie, be the foresaid chartor, nominat and presented the said Charles, duke of Lenox to be vassall to the arch-bishop of Glasgow in the foresaid heretable office of bailliarie and justiciarie of the regalitie of Glasgow, requireing him and his successors to enter and receave the said duke of Lenox as vassall to him thereintill, to be holden of the said arch-bishop and his foresaids in maner as is more fully mentionat in the said chartor. And his majestie did, by the said chartor, give power and warrand to the lords commissioners of his majesties' thesaurie and exchecquer (if need bees) to grant particular gifts and presentations of the foresaid office in favours of the said duke of Lenox and his foresaids in due forme, excepting and reserving alwayes furth of the foresaid chartor and infeftment the gift of the office of high admirall of this kingdome of Scotland and isles thereto belonging, granted be his majestie to his dearest and only brother James, duke of Albanie and York etc., during all the dayes of his lifetime, as also excepting the liferent gift granted be his majestie to Francis, dutches of Lenox and Richmond, of the rents and casualities of the foresaid estate during all the dayes of her lifetime, and siclike the gift granted be his majestie to William, duke of Hamilton, of the foresaid office of bailliarie and regalitie of Glasgow during his lifetime, and the gift of chalmerlanrie granted be his majestie to the duke of Monmouth, during his lifetime, as the said chartor and infeftment more fully bears; togither with the precept of seasing insert therintill and instrument of seasing following or to follow thereupon, and with all that shall or may follow upon the samen, in the haill heads, articles, clauses and circumstances thereof. And his majestie, with consent foresaid, statuts and ordains the foresaid chartor and infeftment to stand and be a good, valide and sufficient right to the said Charles, duke of Lenox and his foresaids, for bruiking, joysing, useing and disposeing upon the dukedomes, earledomes, lordships, baronies, regalities, offices and others particularlie and generallie above written with all their pertinents, conforme to the tenor thereof, in all time comeing, as their owne proper heretage at their pleasure, with the exceptions alwayes above specified. And his majestie, with consent foresaid, declaires this present generall ratification to be als valide, effectuall and sufficient, in all respects, as if the foresaid chartor and infeftment and seasing, if any be following thereupon, wer at length word by word insert hereintill, notwithstanding the samen be not so done; whereanent his majestie, with consent foresaid, hes dispensed and hereby dispensses for ever.
Protestation Sir John Cochran, in name of the earle of Dundonald, against the same.
Protestation Sir John Cunynghame, in name of the Lady Obryan, against the said ratification.
Protestation his majesties' advocat, against the saids two protestations.
[1681/7/89]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with the advice and consent of his estates of parliament, considering the great eminent and acceptable services done and faithfully performed to his majestie and his most royall progenitors, by his highnes['s] right trusty and welbeloved cowsen and familiar councellor, John, marques of Athole, earle of Tullibarden, Viscount Balwhidder, lord Murray and Balveny, lord privie seale of his majesties' ancient kingdome of Scotland, and be his predicessors, and of their constant adherence and loyaltie to his highnes['s] crown and dignity, and his majestie, being willing to put a further character of his royal favour and bounty upon the said marques and his family; therefore, our said soveraign lord, with advice and consent of his estates of parliament, be thir presents ratifies, approves and perpetually confirmes to and in favours of the said John, marques of Athole and his aires male, the chartour after specified, wherof the tenor followes.
Carolus, Dei gratia, Magnae Brittaniae, Franciae et Hiberniae rex, fideique defensor, omnibus probis hominibus totius terrae suae clericis et laicis salutem. Sciatis nos cum avisiamento et consensu predilectorum nostrorum consanguineorum et consiliariorum Joannis, comitis de Rothes, magni cancellarii hujus regni nostri Scotiae, Joannis, ducis de Lauderdale, nostri secreti consilii dicti regni nostri presidis et solius secretarii status ejusdem, Archibaldi, comitis de Argile etc., Alexandri, comitis de Kincarden, Willielmi, comitis de Dundonald et fidi nostri conciliarii Caroli Maitland de Hattone, unius senatorum nostri collegii justitiae, nostri thesaurarii deputati commissionariorum nostrorum pro nostro thesaurario computorum nostrorum rotulatorio thesaurario novarum nostrarum augmentationum infra dictum regnum nostrum Scotiae; necnon cum avisamento et consensu reliquorum dominorum nostri scaccarii dicti regni nostri commissionariorum, dedisse concessisse disposuisse et hac presenti carta nostra confirmasse tenoreque ejusdem dare concedere disponere et pro nobis et successoribus nostris pro perpetuo confirmare dilecto nostro consanguineo et consiliario Joanni, comiti de Athole et Tullibarden, domino Murray, Balveny et Balquhidder etc., nostri secreti sigilli custodi, et heredibus suis masculis totum et integrum officium constabulariatus et custodiae castri nostri de Kinclevin, cum omnibus fundis partibus pendiculis et pertinentibus ejusdem faciendi constituendi et ordinand tenoreque hujus presentis cartae nostrae facimus constitimus et ordinamus dictum Joannem, comitem de Athole etc., ejusque predictos hereditarios capitaneos dictos castri nostri cum plena potestate sibi et suis constabulariis seu sub custodibus pro custodiendo et defendendo dicti castri apunctando et ordinando, et damus concedimus et disponimus ipsis omnia et singula privilegia immunitates feoda aliasque devorias quascunque spectantia et pertinentia vel quae quovis tempore preterito ullo modo spectarunt et pertinuerunt, aut in futurum ad capitaneos dicti castri pertinere seu spectare possint, et pro dicti Joannis, comitis de Athole et Tullibarden ejus ulteriore securitate, nos cum avisamento et consensu predictis ac etiam dedisse concessisse disposuisse et hac presenti carta nostra confirmasse tenoreque ejusdem dare concedere disponere et pro nobis et successoribus nostris pro perpetuo confirmare ipso ejusque predictis pro eorum custodia dicti castri annuatim et omni tempore affuturo summam ducentarum octuaginta et sex librarum, undecem solidorum monetae hujus regni nostri Scotiae, et pro speciali solutione ejusmodi assignavimus et disposuimus tenoreque hujus presentis cartae nostrae assignamus et disponimus ad et in favorem dicti Joannis, comitis de Athole ejusque praescriptorum annuam feudifirmae divoriam nobis et successoribus nostris de terris et dominio de Kinclaven ad dictam summam extendentem debitam et solutam, cum omnibus aliis libertatibus et emolumentis de eisdem debitis et solutes, cum plena potestate ipso ejusque praescriptis praefatae feudifirmae firmam et casualitates dictarum terrarum de Kinclevin a vassallis et tennentibus eorundem aliisque solutione obnoxiis pretendi rogandi recipiendi intromittendi et levandi et exonerationes ejusdem concedendi, quae receptoribus sufficientes fuerint, omniaque alia in premissis facienda simili modo et adeo libere et plenarie in omnibus respectibus prout ulli alii capitanei et custodes dicti castri quovis tempore preterito vel futuro fecerunt faciunt vel quovis modo facere poterint. Reservandum omni modo Roberto Lesly dictum officium et feudifirmae firmas pro annis adhuc futuris donationis et assedationis hujusmodi sibi per quondam nostrum charissimum patrem Carolum ejus nominis primum sub suo secreto sigillo concessa de data quarto die mensis Novembris, anno Domini millesimo sexcentesimo quadragesimo sexton tenendum et habendum totum et integrum dictum officium constabulariatus et custodiae dicti castri de Kinclevin feudifirmae firmas et casualitates supra mentionatas simul dispositas praefato Joanni, comiti de Athole ejusque praedictis de nobis et successoribus nostris in libera albafirma feodo et hereditarie in perpetuum per omnes rectas metas suas antiquas et divisas prout jacent in longitudine et latitudine, ac cum omnibus et singulis privilegiis libertatibus ac justis suis pertinentibus quibuscunque tam non nominatis quam nominatis libere quiete plenarie integre honorifice bene et in pace sine ullo impedimento aut obstaculo aliquali reddendo inde annuatim dictus Joannes, comes de Athole ejusque predicti nobis et successoribus nostris unum denarium monetae Scotiae apud dictum castrum de Kinclavin in die festa pentecostes nomine albaefirmae si petatur tantum pro omni alio onere exactione questione demanda seu servitio seculari quae de eisdem per quoscunque juste exigi poterint quomodolibet vel requiri in futurum; in super vicecomiti et ballivis suis de Pearth nec non dilectis nostris [---] et vestrum cuilibet conjunctim et divisim vicecomitibus vicecomitatus nostri de Pearth in hac parte salutem. Vobis precipimus et mandamus quatenus praefato Joanni, comiti de Athole vel suo certo actornato latori praesentium sasinam totius et integri predicti officii constabulariatus et custodiae dicti castri de Kinclaven feudifirmae firmarum et casualitatum supra mentionatarum. Simul disposit secundum formam et tenorem antedictae cartae nostrae, quam de nobis inde habet juste haberi faciatis sine dilatione; et hoc nullo modo omittatis; ad quod faciendum vobis et vestrum cuilibet conjunctim et divisim vicecomitibus vicecomitatus nostri de Pearth in hac parte antedicta committimus potestatem. In cujus rei testimonium huic praesenti cartae nostrae magnum sigillum nostrum appendi mandavimus, testibus predilectis nostris familiaribus consiliariis dominis Archibaldo Primerose de Caringtoun, nobis ab archivis et registris, et Thoma Wallace de Craigie, milite barroneto nostrae justitiariae clerico, et domino Willielmo Ker, milite nostrae cancellariae directore. Apud aulam nostram de Whitehall, septimo die mensis Februarii, anno Domini millesimo sexcentesimo septuagesimo sexto regnique nostri anno vigesimo octavo.
It is thus writen on the back: Writen to the great seale and registrat the nynth day of Februarij 1677. Sic subscribitur, John Browne, depute, sealled the tuelth day of February 1677. Sic subscribitur, Jo[hn] Cunynghame, sealled togither with the precept of seasing contained in the said chartor and instrument of seasing following thereupon, togither also with the right and disposition made by the said Robert Lesly to the said noble marques and his foresaids of his right and gift of the said office and pension thereto belonging, and of the saids fewdewties and casualities of the said office assigned to himselfe for payment of the said pension, of all years and termes bygone restand awand unpayed and thereafter to runn, and decreit conforme recovered thereupon against the heretors, fewars, liferentars, fermorers, tennents and tacksmen of the saids lands of Kinclevin, and horning raised thereon, dated the said disposition the last day of July 1675 years (and in which chartor the said marques is designed earle of Athole) in the haill heads, articles and clauses of the said chartor, seasing and disposition, admitting the generalitie foresaid to be als valide and of als great force and effect, to all intents and purposes, as if the said seasing and disposition, alswell as the said chartor wer de verbo in verbum herein insert, albeit not so done; whereanent and with all that can be objected against the same and validitie thereof, his majestie, with consent foresaid of his estates of parliament, be thir presents dispensses for ever. And further, our soveraign lord, with consent foresaid, be thir presents dissolves the said office of constabulary and keeping of the said castle of Kinclevin, with the haill lands, pairts, pendicles and pertinents thereof, fewdewties, casualities above specified, disponed to the said noble marques and his foresaids, in satisfaction of the said pension appointed to them as constables and keepers of the said castle from the crown in all time comeing, and of new, of his princely power, certane knowledge and proper motive, with consent foresaid of his highnes['s] estates of parliament, maks, constituts and ordains the said John, marques of Athole, and his foresaids, heretable captans, keepers and constables of the said castle in all time comeing, with full power to them to appoint, nominat and ordain under constables and keepers for keeping and defending thereof, and of new gives, grants and dispons to them all and sundrie the priviledges, immunities, fies and other dewties whatsomever belonging and pertaining, or that at any time heretofore pertained and belonged, or that hereafter shall be known to appertain and belong to the captans of the said castle. And for the said marques and his foresaids their further securitie, our soveraign lord, with consent foresaid, of new gives, grants and dispons to them, for the keeping of the said castle yearlie in all time comeing, the said soume of two hundreth [and] fourscore and sex pounds, elevin shiling[s] money foresaid, and for speciall payment thereof, assignes and dispones in their favours the said yearlie few dewtie dew and payable to his majestie and his successors furth of the saids lands and lordship of Kinclevin, extending to the said soume, with all other liberties and emoluments dew and payable furth thereof, with full power to the said marques and his foresaids to ask, crave, receave, intromett with and uplift the saids fewfermes and casualities of the saids lands and lordship of Kinclevin from the vassells and tennents thereof, and others lyable in payment, and to poind the ground therefore, discharges thereof to grant which shall be sufficient to the receavers and to reduce and improve the rights of the saids vassells, tennents and others persons foresaids for not payment of the saids fewdewties and casualities and not production of their rights, and incase of eviction to possess, bruik and enjoy the lands themselves, wherein his majestie, with consent foresaid, hereby ordaines his highnes['s] advocat, from time to time, to concurr and to doe all other things in the premisses, siclike in the same maner and als freely and fully in all respects as any other captans or keepers of the said castle have done does or may doe at any time bygone or to come, to be holden to the said noble marques and his foresaids of his majestie and his royal successours as superiors, in maner with the priviledges and for payment of the blensch dewties specified in the said chartor. And his majestie, with consent foresaid of his estates of parliament, wills and grants and, for his highnes and his successours, ordaines that ane seasing to be taken by the said noble marques and his foresaids at the said castle of Kinclevin, or on the ground of any pairt of the lordship thereof, now and in all time comeing, is and shall be als sufficient ane seasing to them for the foresaid haill office, fewdewties, priviledges, casualities, lands and others foresaids belonging thereto as if a particular seasing wer taken by them upon ilk pairt and portion of the said lordship, albeit not swa done, and notwithstanding they lye discontigue and without respect to any other place designed for taking of seasing be the ancient or late infeftments of the same; anent all which and what thereupon may ensue, his majestie, with consent foresaid, hes dispensed and hereby, for his highines and his royal sucessours, dispenses for ever.
[1681/7/90]*[print] [email] [cite] [preceding] [following]
Our soveraign lord and estates of parliament, presently conveened by his majesties' speciall authoritie, have ratified and approven, and hereby ratifies, approves and perpetually confirmes, ane chartor, containing precept of seasing, granted by his majestie, under his highnes['s] great seale, of the date at Windsor Castle, the second day of May jM vjC and fourscore years, whereby his majestie, with advice and consent of the lords commissioners of his highnes['s] thesaurie and exchequer, hes given, granted and disponed and, for his highnes['s] and his successours perpetually confirmed, to his majesties' right trusty and welbeloved cowsen and familiar counsellour, James, marques of Montrose, earle of Kincardin, lord Grahame and Mugdock etc., and his aires male and assigneys whatsomever, heretablie and irredeemablie, all and haill the marquiedome, earledome, lordship and baronie of Montrose, comprehending the particular townes, lands, lordships, baronies, rights of patronages, teinds, tenements and others respective contained in the said chartor, upon the said James, marques of Montrose his own resignation; and alse hes given, granted and disponed and, for his highnes['s] and his successours, perpetually confirmed to William, earle of Monteith and Airth, lord Kilpunt and Kilbryd in liferent, and to the said James, marques of Montrose, and the aires male of his bodie, in fie, whilks failyeing to his other airs male, whilks failyeing to his airs and assigneys whatsomever heretablie, with and under the condition of reversion and remanent other conditions, provisions and reservations therein mentioned, all and haill the earledome of Monteith, comprehending the particular townes, lands, baronies and others contained in the said chartor; and all and haill the tuo merk and halfe merk lands of the lands of Wester Boquhaple, and thrid pairt of the fyve merk land of Dronzie with the pertinents thereof, lyand within the shirefdome of Pearth, togither with certane other lands, teinds, rights of patronages and others wherein the said William, earle of Monteith and Airth stood formerly infeft, upon the said earle of Monteith his own resignation, and whereby his majestie hes granted a novo damus to the said James, marques of Montrose and his foresaids, of the said haill marquiedome, earledome, lordship and barony of Montrose, and dissolved the samen fra all shirefdomes, stewartries, earledomes, lordships, baronies and others jurisdictions whatsomever, whereunto the samen or any pairt thereof pertained or wer annexed of before, and hes erected the samen in ane haill and free regalitie, with free chappell and chancellarie, and power of justitiarie and forrestrie, to be called then, and in all time comeing, the lordship and regalitie of Montrose, and hes erected the towne and burgh of Mugdock in a free burgh of regalitie, to be called then, and in all time comeing, the burgh of regalitie of Mugdock, and head burgh of the said regalitie of Montrose, with a weekly mercat ilk Fryday and two free faires yearlie, the one upon the second Thursday of August, and the other upon the second Tuesday of November within the said burgh and territories thereof, togither with the tolls and customes of the saids faires and mercats, and all other privileges, jurisdictions, immunities and casualities whatsomever, particularlie and generallie contained in the said chartor, belonging to any other regalitie and free burgh of regalitie within this kingdome, and hes of new erected the whole in ane haill and free marquiedome, earledome, lordship, baronie and regalitie, with free chappell and chancellarie, to be called, then and in all time comeing, the marquiedome, earledome, lordship, baronie and regalitie of Montrose, ordaining the castle of Mugdock to be the principall messuage thereof, whereat or at the mercat croce of the said burgh, or upon the ground of any pairt of the saids lands, ane seasing is to be taken for the whole in all time comeing, and whereby, likewise, his majestie hes granted a novo damus to the said William, earle of Monteith and Airth in liferent, and to the said James, marques of Montrose and his foresaids in fie, of all and haill the said earledome of Monteith and others which proceeded upon the resigination of the said William, earle of Monteith, and hes dissolved the samen fra all shirefdomes, stewartries, earledomes, lordships, baronies and other jurisdictions whatsomever, whereunto the samen or any pairt thereof pertained or wer annexed of before, and hes erected the samen in ane haill and free regalitie, free chappell and chancellarie and power of justitiary and forrestarie, to be called then, and in all time comeing, the lordship and regalitie of Monteith, and hes erected the towne and lands of Port, in another free burgh of regalitie, to be called, then and in all time comeing, the burgh of regalitie of Monteith, with a weekly mercat ilk Wednesday and tuo free faires yearlie, the one thereof upon the second Wednesday of Junii and the other upon the first Thursday of October within the said burgh and territorie thereof, togither with the tolls and customes of the saids faires and mercats, and all other priviledges, jurisdictions, immunities and casualities whatsomever, particularlie and generallie contained in the said chartor, belonging to any other regalitie and burgh of regalitie within this kingdome, and hes of new erected the whole in ane haill and free earledome, lordship, barony and regalitie to be called then, and in all time comeing, the earledome, lordship, barony and regalitie of Monteith, ordaining the castle of Drummond to be the principall messuage thereof, whereat or at the mercat croce of the said burgh, or upon the ground of any pairt of the saids lands, ane seasing is to be taken for the whole, in all time comeing, to be holden, the said marquiedome, earledomes, lordships, baronies and regalities, burghs of regalities and others respective abovewritten, off his majestie and his successors in free lordships and regalities, free chappells and chancellaries with justitiaries and forrestaries, fee and heritage for ever, for payment for the said marquiedome of Montrose, proceeding upon the said marques his resignation of the few blensch and taxt waird dewties respective contained in the said chartor, and in the former chartors and infeftments of the samen, and for the said earledome of Monteith, with the pertinents, and the saids two merk and halfe merk lands of Wester Boquhappell, and thrid pairt lands of Dronzie with the pertinents, the rights and services used and wont, and in place thereof the taxt waird dewties respective afterspecified, viz, the soume of two hundreth pounds Scots money yearlie during the waird and nonentrie, alsmuch for the releefe, and the soume of four hundreth pounds money for the mariage of the air, whereunto his majestie was graciously pleased, by the said chartor, for the causes therein contained, to tax the said ward holding of the foresaids lands, and to dispense with the airs to enter thereto, notwithstanding of their minoritie in all time comeing, and for the remanent lands, teinds and others proceeding upon the said earle of Monteith his resignation, the few and blensch dewties contained in the said chartor, and in the former chartors and infeftments of the samen, and for the saids regalities, free chappells and chancellaries, heretable offices and jurisdictions thereunto belonging, dew and laufull administration of justice in the saids offices and jurisdictions respective, and for the saids burghs of regalities respective ane silver penny yearlie at the feast of Whitsonday in name of blensch ferme, if it bees asked allenerlie. And his majestie promised in verbo principis to ratifie the said chartor containing the erections and change of holdings foresaids in his majesties' next parliament, and to dissolve the haill foresaids lands from all shirrefdomes, stewartries, earledomes, lordships, baronies and other dignities and jurisdictions whereunto the samen or any pairt thereof were anywayes formerly annexed, to the effect the said chartor and infeftment may accresce and become more effectuall, and required the estates of parliament to dissolve and ratifie accordingly, in maner at length specified in the said chartor; with the precept of seasing therein contained and instruments of seasing respective following or to follow thereupon, togither also with ane letter of gift granted be his majestie, under the great seale, to the said James, marques of Montrose, and his airs male and assigneys whatsomever heretablie, off all and sundrie the annuities of teinds of all and haill the said marquiedome, earledome, lordship and barony of Montrose, comprehending the haill tounes, lands, lordships, baronies and others respective, particularlie and generallie therein mentioned, and that of all years and termes bygone resting owing unpayed, and of all years and termes thereafter, in time comeing, with all right his majestie, his predicessors or successors had, hes or may pretend thereto, and revocking, rescinding, annulling and declareing void all gifts or commissions of annuities granted formerly be his majestie or his predicessors to any person or persons in prejudice of the said gift, in maner at length specified in the said letter of gift, whereby his majestie promised in verbo principis to ratifie the samen in his next parliament, and required the estates of parliament to ratifie the samen accordingly, and which is dated at Whitehall, the tuentie-fourth of September jM vjC and sevintie-fyve years, togither likewayes with ane contract made and past betuixt the lords of his majesties' thesaurie and exchequer on the ane pairt and the said James, marques of Montrose on the other pairt, bearing date the eighteen day of July jM vjC and sevinty-nyne years, registrat in the books of exchequer the samen day, whereby, in obedience to his majesties' will and pleasure, by ane letter under his royal hand direct to the lords commissioners of his majesties' thesaurie and exchequer, bearing date at Whitehall, the nynth day of Aprile jM vjC and sevinty-nyne years, registrat in the books of exchequer the first day of May thereafter, the saids lords commissioners of his majesties' thesaurie and exchequer, both with one consent and assent, not only ratified the former contracts made and past betuixt the saids lords commissioners of his majesties' thesaurie and exchequer and the said James, marques of Montrose, and umquhile James, marques of Montrose, his father, anent the payment to them of the soume of ten thousand pound sterling and fyve thousand pound sterling of suplie granted be his majestie to them, but also in corroboration thereof, not only of new assigned and disponed to the said James, marques of Montrose and his airs male, alsmuch of the haill customes of this kingdome as will satisfie and pay him the saids soumes contained in the saids former contracts, in maner therin contained, but also assigned and disponed to the said James, marques of Montrose, and the airs male of his bodie, alsmuch of the first and readiest of the saids haill customes of this kingdome to be intrometted with and payable be the generall tacksmen, or by the collectors thereof or intromettors with the samen, and speciallie without prejudice of the generalitie foresaid by any particular collectors of or intromettors with the customes of Glasgow, or alsmuch of the first and readiest of any other his majesties' rents and casualities whatsoever of this kingdome, as will satisfie and pay them of the soume of seaven hundreth pound[s] sterling yearlie, and ilk year, for the space of thretteen years, and of the soume of nyne hundreth pound sterling upon the fourteenth year next after and immediatly following the expiration of the years contained in the former contract, allocat for payment of the said fyve thousand pound sterling of former suplie, and that for full payment and satisfaction to the said marques and his foresaids of the soume of ten thousand pound sterling of additionall supplie granted be his majestie to him, and the airs male of his bodie, by and attour the said fyve thousand pound sterling of supplie formerly granted, begining the first year's payment of the said additionall supplie at Michaelmas jM vjC and eightie-two years, and swa furth yearlie thereafter, while the compleit payment of the said ten thousand pound sterling, with full power, warrand and commission to the said James, marques of Montrose and his foresaids, their factors, chamberlanes or others having their warrand, to uplift and receave the said soume yearlie, and ilk year, at the said terme during the space foresaid, and to grant discharges thereof, and whereby the saids lords commissioners of his majesties' thesaurie and exchequer band and obleidged them to obtain the said contract and agreement ratified in his majesties' next parliament, containing ane ordinance therein for letters of horning and others necessar to be direct at the instance of the said marques and his foresaids, their factors and chamberlanes in their names against the saids tacksmen, collectors and intromettors with the saids customes, his majesties' cashkeeper and others receavers of his majesties' rents, for payment of the saids soumes yearlie in maner and during the space abovementioned, as is at length specified in the said contract, in the haill heads, clauses, obleidgments, conditions, tenors and contents of the said chartor, precept and instruments of seasing following thereon, gift and contract above ratified, and his majestie and estates of parliament foresaids, wills, decernes and ordaines the foresaid generall ratification to be als valide, effectuall and sufficient to the said James, marques of Montrose and his foresaids, and to the said William, earle of Monteith, either of them for their severall interesses, as if the said chartor, precept and instruments of seasing, letter of gift and contract generallie above ratified were herein de verbo in verbum at length ingrossed and insert; whereanent and with all other exceptions and objections that may be moved, proponed or alledged against the validitie of the said ratification, his majestie, and estates of parliament, hes dispensed and hereby dispenses for ever. And to the effect that the foresaids rights respective above ratified may become the more effectuall, his majestie and estates of parliament hereby dissolves the foresaid marquiedome of Montrose and earledome of Monteith, and others respective above written, belonging to the saids James, marques of Montrose and William, earle of Monteith, from all shirefdomes, stewartries, earledomes, lordships, baronies and others dignities and jurisdictions whereunto the samen or any pairt thereof were anywayes formerly annexed or lyable of before, and erects and incorporats the samen in the foresaids two respective regalities, with the jurisdictions and priviledges respective abovewritten contained in the said chartor, in all time comeing, and likewayes ordaines letters of horning and others necessar to be direct hereon, att the instance of the said James, marques of Montrose and his foresaids and their factors and chamberlanes in their names, against all and sundrie the tacksmen, collectors and intromettors with his majesties' saids customes, his majesties' cashkeeper and other receavers of his majesties' rents, for payment of seven hundreth pound sterling yearlie at the said terme of Michaelmas for the saids haill years yet to run, of the space of sex years after the date of the said former contract anent the said supplie of fyve thousand pound sterling, and of the soume of eight hundreth pounds sterling upon the seventh year; as also, for payment of the said soume of seven hundreth pound sterling yearlie for the said space of thretteen years immiediatlie thereafter, and of the said soume of nyne hundred pounds sterling upon the fourteenth year, in full satisfaction and compleit payment of the said haill soume of fyfteen thousand pound sterling of former and additional supply granted by his majestie, in maner respective abovespecified, after the forme and tenor of the foresaid contract above ratified, ordinance of horning and obleisment of ratification in parliament, therein contained in all points.
The earle of Monteith and Airth protested that the foresaid ratification in favors of the marques of Montrose of the earledome of Monteith, should nowayes prejudge the said earle his right seing, by the bond of tailyie betuixt the said marques of Montrose and him, it is expresly provided that the title of honour, dignitie and estate thereof should never be divided nor separated, neither that the families of Montrose and Monteith should be joined or confounded in another, with severall other conditions on the said marques his pairt mentioned in the said bond of tailyie, never as yet performed by him, and therefore protested that the said earle, being in plain parliament when the said ratification past in the said marques his favors, might nowayes prejudge the said earle of Monteith nor infer any homologation or acquieseing on the said earle his pairt to the said marques his ratification of the said earledome and estate of Monteith.
[1681/7/91]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with advice and consent of his estates of parliament, considering the good and faithfull services done and performed to his majestie, alswell in time of peace as warr, be his majesties' right trusty and well beloved cousine and councellor, Archibald, earle of Argyle etc., therefore our said soveraign lord, with advice and consent foresaid, be thir presents ratifies, approves and perpetually confirmes, to his majesties' said right trustie cousine Archibald, earle of Argyle, and his airs male whatsomever, whilks failyieing to his eldest air female, without division, whilks also failyieing to his nearest and laufull airs and assigneys whatsomever (the saids aires, alswell male as female, sua succeeding alwayes assumeing and retaining the sirname of Campbell and useing and bearing the armes of the hous and familie of Argyle) heretablie and irredeemablie, without any maner of reversion, regres or redemption whatsomever, ane chartor made and granted by his majestie, under his great seale, with advice and consent of the commissioners of his majesties' thesaurie and exchequer, of the date at Whitehall, the sixteen day of October jM vjC and sixtie-three years, whereby his majestie, with consent foresaid of the commissioners of his majesties' thesaurie and exchequer, gave, granted, disponed and perpetuallie confirmed to the said Archibald, earle of Argyle and his foresaids, heretablie and irredeemablie, all and haill the lands and baronie of Dowart, comprehending the lands and others after specified, viz, the lands of Torresay, the lands of Dowart, with the castle, tower, fortalice and milne thereof, the lands of Ardonomachburgh, with the pairts, pendicles and pertinents thereof, lyand in the Isle of Mull; all and haill the lands of Glenkynan, the lands of Gamadrach, the lands of Cressins, and haill pairts, pendicles and pertinents thereof; and all and haill the lands lyand in Morenis, to witt, the lands of Callogray, the lands of Invoy, the lands of Calleochlag, the lands of Sonepillie, the lands of Gilchryes, the lands of Dennimoir,† the lands of Adonis, with the haill pairts, pendicles and pertinents thereof; and all and haill the lands of Ulvay, the lands of Lagane, the lands of Gilisagarie, with the pertinents thereof; all and haill the lands of Carnebrig, with the castle, tower and fortalice thereof, and isles pertaining thereto; and siclike, the lands and others afterspecified lyand in the Isle of Terie, viz, the lands of Mandalen, the lands of Traffiboill, the lands of Keren, with the pertinents, with the office of bailliarie of the whole Isle of Terie; and likewayes, all and haill the lands and others after specified lyand in Morverne, viz, the lands of Ulladill, the lands of Auchnahag, the lands of Auchransh, the lands of Kinloch, the lands of Drongerie, the lands of Straclash and Clashbrack, the lands of Auchitadonill and Auchtonnoch and Kousland, all lyand in the shirrefdome of Argyle, with the haill other lands lyand in the said baronie, of whatsoever name or designation the samen be (except the lands of Brollois, the lands of Oscamull, the lands of Torlamoir, Faninovoy, Lettir Vaheneill, the eight merk land in Ardemenach, lyand in Mull, the lands of Mullbowie, lyand in the Isle of Scarba, the lands of Voag, Quanongaill, Glennanmuik, Ardscalloneis and lands of Ardveigneis, lyand in the Isle of Jura, and in which lands, swa excepted, the said earle of Argyle stands already infeft, to be holden of his majestie in maner mentioned in his infeftments of the same) with castles, towers, fortalices, maner places, housses, biggings, yairds, orchyairds, mylnes, woods, fishings, tennents, tennendries, service of free tenents, outsettis, insettis, annexis, connexis, haill pairts, pendicles and pertinents thereof whatsomever, all united in ane baronie, called the baronie of Dowart. And siclike, all and haill the tennandrie of Arros in Mull, containing the lands and other after specified, viz, all and haill the fyve merk land of Moravullfadtie with the pertinents, lyand in the Isle of Isla, with the ends thereof of old belonging to the abbacie of Derrie, all and haill the two penny land of Cluachaig, all and haill the one peny land of Kingshyre, the peny land of Balnennach, the halfe peny land of Kernigor, the peny land of Ballmahubie, the peny land of Kilmavoyter, the two peny land of Aird, the two peny land of Wregalbrig, the peny land of Gilsarge, the peny land of Scarasdull, the two peny land of Knook, the halfe peny land of Doresay, the two peny land of the Isle of Inshkenneth, with the cuningare and fishing thereof, the halfe peny land of Glenligdaill, and the half peny land of Cunigart, with the teind gleibs of the haill lands, isle and others above specified, which before time wer sett with the lands without division, lyand within or near the Isle of Mull; all and haill the three merk land of Shavernis, lyand in the Isle of Terie, as also all and haill the lands and Isle of Gunay, the lands of Terrunga of Kilis, the lands of Arnashevar, the lands of Arnashacher and lands of Freisland, lyand in the Isle of Toilla; and Siclike, all and haill the fourscore, sex merk and ten peny land of Terie, with the haill pairts, pendicles and pertinents thereof, with the haill other lands contained in the said baronie of whatsoever name and designation they are, and haill pairts, pendicles and pertinents thereof (except the tuentie four merk, fyve shilling land of Arrois in Mull, in which the said earle stands already infeft, holden of his majestie, in maner mentioned in his infeftments of the same); as also, all and haill the fiftie-three merk, ten shilling land of Morverne, with the haill pairts, pendicles and pertinents thereof, with all and sundrie castles, towers, fortalices, maner places, housses, biggings, yairds, orchyeards, salmond and other fishings, milnes, multures, outsettis, insettis, woods, pairts, pendicles and pertinents thereof, lyand in the lordship of the Isles and shirefdome foresaid, and all heretofore united in ane tennandrie, called the tennandrie of Arrois, all resigned in the hands of the saids lords of his majesties' exchequer be vertue of ane procuratorie of resignation made be the said Archibald, earle of Argyle for that effect, togither with the clause de novo damus of the saids lands and others abovespecified, in favours of the said Archibald, earle of Argyle and erection of the saids lands of Dowart with the pertinents, in ane haill and free baronie, called the baronie of Dowart, with the union and new erection of the saids lands and tennandrie of Arrois, in ane haill and free tennandrie, to be called, in all time comeing, the tennandrie of Arrois, and union of the saids lands and baronie of Dowart and tennandrie of Arrois in the earledome of Argyle as ane pairt thereof. As also, the dispensation for taking of seasing at the maner place of Inverary, or upon the ground of any pairt or portion of the saids lands, baronie and tennandrie above written, to be sufficient for the whole in all time coming, to be holden of our said soveraign lord, and his royal successours, in fee heretage, free baronie and tennandrie for ever, provideing alwayes, likeas by the said chartour it is provided and declared, that albeit it should happen the saids lands and baronie of Dowart, and others abovespecified with the pertinents holden waird of his majestie, to fall and become in the hands of our said soveraign lord, or his majesties' successors be reasone of waird or nonentrie or either of them, yet it shall be laufull to the aires and successors of the said Archibald, earle of Argyle to possess and enjoy the saids lands, baronie and others abovespecified with the pertinents, and to uplift the maills, fermes and dewties thereof during the said waird and nonentrie, or either of them from time to time in all time comeing, for yearlie payment of the fewdewties and taxt ward dewties respective under written, viz, for the saids lands and tennandrie of Arrois, comprehending and unit as said is, yearlie the respective fewferme dewties and augmentations particularlie mentioned in the said chartor, extending in the haill to the soume of one thousand, four hundreth and threttie-sex pounds, thretteen shilling[s] [and] four pennies Scots money, and for the ward and nonentrie of the airs and successors of the said Archibald, earle of Argyle for the saids lands and baronie of Dowart, comprehending and unit as said is, yearlie during the whole space thereof the soume of three hundreth merks Scots money, at the termes of Whitsonday and Mertimas be equall portions, with the like soume of three hundreth merks for the releife thereof and for the mariage of the airs and successors of the said Archibald earle of Argyle, when the samen shall happen to vaik, the soume of sex hundreth merks money foresaid, and to which soumes his majestie, with consent of the saids commissioners of his majesties' thesaurie and exchequer, did by the said chartor taxt and restrict the said ward, nonentrie, releiffe and mariage, in all time comeing, likeas his majestie hath given warrand to the airs and successors of the said Archibald, earle of Argyle, to obtain themselves served, retoured and infeft as airs in speciall to their predecessors in the lands, baronies and others abovespecified with the pertinents, notwithstanding that they be minors for the time, anent whose minoritie and with the judges before whom they shall happen to be served and by whom they shall happen to be infeft in the saids lands, and all having interest, his majestie, with consent foresaid, for himselfe and his royall successors dispenses for ever; togither with the precept of seasing contained in the end thereof and instrument of seasing following thereupon, in the haill heads, clauses, articles and conditions contained in the said chartor precept and instrument of seasing. And his majestie wills and grants and, for him and his royal successors, with consent foresaid, decernes, declares and ordaines that this present generall ratification shall be als valid, effectuall and sufficient to the said Archibald, earle of Argyle and his foresaids, as if the foresaid chartor, precept and instrument of seasing, wer at length word by word herein insert and ingrost; wheranent his majestie hes dispensed and, be thir presents, with consent foresaid, dispenses for ever.
Protestation by the earle of Erroll against the before written ratification.
[1681/7/92]*[print] [email] [cite] [preceding] [following]
Our soveraign lord and estates of parliament, presently conveened by his majesties' speciall authority, have ratified and approven and, be thir presents, ratifies, approves and perpetually confirmes ane chartor made and granted be his majestie, under his highnes['s] great seale, of the date at Whitehall, the tuenty-fourth day of September jM vjC and sevinty-nyne years, whereby his majestie, with advice and consent of the lords commissioners of his highnes['s] thesaury and exchequer, hes given, granted and disponed and, for his highnes and his successors, perpetuallie confirmed to his majesties' trustie and well beloved cowsine and councellour James, earle of Pearth, lord Drumond and Stobhall etc., in liferent during all the dayes of his lifetime, and to James, lord Drumond and Stobhall etc., his eldest laufull sone, and the airs male of his bodie in fie, whilks failyieing to returne to the said James, earle of Pearth, and his airs male and assigneyes whatsomevir, heretablie and irredeemablie (with and under the haill conditions, provisions, burdens, restrictions, limitations and qualifications respective therin specified conceaved in favors of the said James, earle of Pearth), all and haill the earledome of Pearth, lordship and barony of Drumond, comprehending all and sundrie the lands, lordships, baronies and others therin mentioned, and speciallie all and haill the lands, lordship and barony of Drumond, comprehending therein particularly, the lands and baronies of Drymen, Auchterardor, Stragaith, Kincardin, Cargill and Auchtermuthill, comprehending the particular townes, lands, heretable offices, rights of patronages, forrests, milnes, woods, fishings and others contained in the said chartor, and speciallie the heretable offices of stewartrie, crounary and forrestrie within the haill bounds of Stratherne, Glenartny and Balquhidder, and all and sundrie pertinents, priviledges, customes and dewties of the samen offices whatsomever, used and wont, contained in ane chartor and infeftment thereof granted be umquhile King James the sexth, of blessed memorie, under the great seale, to umquhile James, earle of Pearth, grand uncle to the said James, now earle of Pearth, and his airs male and of talyie therin mentioned, dated the sexteen day of March jM vC and eightie-eight years; and als all and sundrie the temple lands of Cornecraig, comprehending the particular touns, lands, milnes, multures, priviledges, right and jurisdiction of free regalitie and bailiarie within the bounds thereof, and others priviledges, immunities, casualities, profits and dewties pertaining and belonging thereto, contained in ane chartor and infeftment of the samen, granted be the said umquhile King James the sexth to the said deceist James, earle of Pearth and his foresaids, under the great seale, of the date the tuenty day of July jM vjC and tuenty yeirs; and siclike, all and haill the lands and baronies of Cullengrade, Campsie and Dundurn, comprehending the particular townes, lands, milnes, woods, fishings, anwelrents, rights of patronages, teinds and others contained in ane chartor and infeftment thereof, granted be his majestie, under the great seale, to umquhile James, earle of Pearth, father to the said James, now earle of Pearth, and his airs male and assigneys, dated the tuentie of January jM vjC and sextie-four years; and likewayes, all and haill the lands and baronie of Burnebank, lands of Pittintian, Darmarglen, alias Barnacoull, and lands of Byres, comprehending the particular townes, lands, lochs, fishings, teinds and others principall and warrandice, annexed to the said earledome of Pearth, lordship and barony of Drumond, conforme to the chartor and infeftment thereof granted be his majestie, under the great seale, to the said James, earle of Pearth, of the date the eight day of December jM vjC and sevinty-sex years, all upon the said James, earle of Pearth his owne resignation; and in likemaner, all and haill the lands and hill, commonly called the brae of Stragartan, alias Glengyll, and Dow of Glengyll, lands of Portnellands, eister and wester, and lands of Auchindincrew, with the isles commonly called Island Garrock, Island Dow and Island Vervick, and fishings in the loch of Loch Catharine, with the tower, fortalice, manor place, housses, biggings, yairds, orchyeards, milnes, woods, fishings, advocations, donations and rights of patronages of kirks and chaplanries, tennents, tennandries, service of frie tennents, and haill pertinents thereof, togither with the teinds, parsonage and viccarage of the samen, lyand within the parochin of Callendar, and within the said stewartrie of Stratherne and shirefdome of Pearth, and bounded, meithed and marched in maner at length specified and contained in the foresaid chartor hereby ratified; as also, all and haill the fourty merk land of Strathyre, comprehending the lands of Bardardachie and cornemylne thereof, Kipp and Strongarie, Lagan, Ardindow, Ardinwhillariebeg, Ranachrey, Innervulnie, Innerreik, Ruscannoch eister and wester, and lands of Bellafuile, with the fishinigs of Loch Lubanick, togither with the maner place, housses, biggings, yairds, orchyairds, milnes, milnelands, multures and sequells thereof, woods, fishings, advocation, donation and right of patronage of kirks, chaplanries, tennents, tennandries, service of free tennents, and all their pertinents, togither with the teinds parsonage of the samen, all lyand in the parochin of Balquhidder and within the stewartrie of Stratherne and shirefdome of Pearth foresaid, and particularlie bounded, meithed and merched, in maner also at length specified and contained in the said chartor hereby ratified, as principall; and all and haill the lands and barony of Buchannan, comprehending the remanent other lands, baronies, isles, milnes, woods, lochs, fishings and others contained in the chartor and infeftment thereof, granted to umquhile John Buchannan of that ilk, under the great seale, of the date the first day of July jM vjC [and] sexty-two years, and that in speciall and reall warrandice and securitie of the foresaids lands of Strathyre, with the pertinents thereof, comprehending, lying and bounded as aforesaid, upon the resignation of the said John Buchannan of that ilk, John Buchannan of Arnpryour, Arthur Buchannan of Auchlesslie and Mr Robert Buchannan, advocat, and lastly all and sundrie the lands of the fourth pairt of Megour, commonly called Midlethrid, alias Tregumnanachy, with ane pairt of the milne and with tennents and tennandries of the samen, extending to ane tuenty-five shilling land of old extent with the pertinents, lyand within the said stewartrie of Stratherne and shirefdome of Perth foresaid, upon the resignation of John Mcgruther of Megour, and whereby his majestie hes ratified and confirmed in favours of the said James, earle of Perth and James, lord Drumond, his sone and their foresaids, in liferent and fie respective, as is above provided, all and sundrie chartors, gifts, grants, confirmations, acts of parliament and others granted be his majestie and his dearest father and guidsir King Charles the first, King James the sixth, Queen Mary, King James the fifth, or any others of his majesties' progenitors, to the saids earles of Perth, lords Drumond and Stobhall, or any other their predicessors, with all services, retoures, infeftments and others proceeding thereupon sensyne, of all and sundrie the foresaids offices of stewartrie, crounarie and forrestrie within the haill bounds of Stratherne, Glenartney and Balwhidder, with all and sundrie their pertinents, priviledges, customes and dewties used and wont, whereunto the said James, earle of Pearth and his predicessors are infeft and have been constantly in use and possession, togither with all other liberties, priviledges, customes, dewties, jurisdictions, immunities and casualties whatsomever pertaining and belonging, or justly known to pertain and belong to the foresaids offices respective, to be enjoyed and used be the said James, earle of Perth, James, lord Drumond, his said sone, and their foresaids in all time comeing, siclike and als freely in all respects as any other heretable stewart, crouner and forrester within the kingdome of Scotland have used, enjoyed or any wayes enjoyes or may use and enjoy, be vertue of their rights and infeftments and conforme to the lawes, practique and constitution of this kingdome; togither also with three free faires yearlie and weekly mercats, whereof two of the saids free fairs have been holden and keeped be the said James, earle of Pearth and his predicessors, as heretable stewarts of the said stewartrie of Stratherne, within the burgh of Creiff, head burgh of the said stewartrie, the one upon the tuenty-nynth day of September, called Michaelmas day, and the other upon the tuenty day of December, called St Thomas day, and formerly ratified by his majestie and estates of parliament, and the thrid free fair holden the thrid Tuesday of Junii yearlie, and the weekly mercat upon Thursday aded thereto, and granted by his majestie and the saids estates of parliament to the said James, earle of Perth and his foresaids, to be holden and keeped by them upon that pairt of the said towne of Creiff called Pittenzie, with the haill tolls and customes of the saids free fairs and weekly mercats, and with all other liberties, priviledges and immunities whatsomever pertaining and belonging thereto contained therein, conforme to the act of parliament granted thereupon, dated the sevinteenth day of July jM vjC [and] sevinty-two years and whereby his majestie hes granted ane novo damus of the foresaids lands, lordships, baronies, milnes, woods, fishings, heretable offices, rights of patronages, teinds and others respective, particularlie and generallie above mentioned, with all right his majestie hes or may pretend thereto. And further, upon consideration that the saids haill lands, lordships, baronies and estate above specified pertaining to the said James, earle of Perth and James, lord Drumond, his sone, either in propertie or superioritie (except the saids lands and barony of Burnbank and Cargill, comprehending the lands of Stobhall and others under written with the pertinents) are and lyes within the said stewartrie of Stratherne, whereof and of the lands of Glenartney and Balquhidder, the heretable offices of stewartrie, crounarie and forrestrie pertaines and belongs to the said earle, his said sone and their foresaids, and als upon consideration that it is both convenient and profitable to the said James, earle of Perth, and their tennents and vassalls and others inhabitants within the said barony of Cargill, that the samen be annexed to the said stewartrie of Stratherne, so that the said James, earle of Pearth, James, lord Drumond, his sone, and their foresaids, may have the same libertie, priviledge and jurisdiction over these lands, alswell tennents as vassalls within the said barony and others inhabitants of the samen, as over any other pairt within the said stewartrie, [and] therefore his majestie hes dissolved all and sundrie the foresaids lands and barony of Cargill, comprehending the lands and others under written, viz, the kirktoun of Cargill, Balchennie, Haltouns, eister and wester, and Midleleystoun, Gallowtuill, Whitefield, eister and wester, Wolfehill, Woodheid, Woodend, Reidstane, Blackwall, Stobhall, Whiteleyes, with the maner place of Stobhall, Myresyde, called Newbigging, Newmilne, Bruntymilne, with their multurs, outsettis, pendicles and pertinents, woods, orchyeards and fishings in the water of Tay and Islay, alswell of salmond as other fishes, tennents, tennandries, service of free tennents and their annexis, outsettis and pertinents, lyand within the said shirefdome of Perth, and all and haill the lands of Smithstoun, Ardgaith, Ardcreiff, with tennendries, service of free tennents, milnes, multures, woods, fishings and pertinents of the samen, lyand within the shirefdome of Forfar, frae the saids shirefdomes of Perth and Forfar respective, and from all other jurisdictions, offices, dignities and others whatsoever, whereunto the samen or any pairt thereof wer any wayes annexed or lyable of before, and hes united, annexed and incorporat the samen in and to the said stewartrie of Stratherne and jurisdiction thereof, to be repute, holden and esteemed as ane pairt of the said stewartrie in all time thereafter, and whereby his majestie hes united, annexed, erected, creat and incorporat all and sundrie the haill foresaids lands, lordships, baronies, castles, towers, fortalices, heretable offices, milnes, woods, fishings, rights of patronages, teinds and others above written, with all their pertinents, alswell principall as warrandice, in ane haill and free earledome, lordship and baronie called the earledome of Perth, lordship and barony of Drumond, ordaining the tower and fortalice of Drumond to be the principall messuage, whereat ane seasing is to be taken for the whole in all time comeing, to be holden of his majestie and his successors in free earledome, lordship and barony with the saids heretable offices, jurisdiction, right and priviledge of justitiary, free forrestrie and crownarie respective, fie and heretage for ever, for payment for the haill foresaids lands, lordships, baronies, heretable offices, milnes, woods, fishings, rights of patronages, teinds and others respective abovewritten, proceeding upon the said James, earle of Pearth his owne resignation, off the few blensch and taxt ward dewties and others contained in the said chartor, hereby ratified and former chartors and infeftments of the samen, and for the saids lands and hill commonly called the brae of Stragartane, alias Glengyll, and Dow of Glengyll, Portnellies, eister and wester, Auchindincrew, with the isles called Island Garrok, Island Dow and Island Vervick, and fishings in the loch of Loch Catharine, with the teinds and pertinents of the samen above written, lyand and bounded in maner above mentioned; and for all and haill the saids fourty merk land of Strathyre, being ane ten pund land of old extent, with the teinds and pertinents thereof, comprehending, lying and bounded in maner abovespecified, as for the principall, and for all and haill the foresaids lands and barony of Buchannan, comprehending and lying in maner above exprest, disponed in reall warrandice and securitie of the foresaids lands of Strathyre, with the pertinents, and for all and haill the saids lands of the fourth pairt of Megour, commonly called Midlethrid, alias Tregumnanachie, with the pairt of the milne, tennents, tennendries and service of free tennents of the samen abovewritten, the rights and services used and wont, and in place thereof the taxt ward dewties respective underwritten, viz, the soume of fiftie pound Scots money yearlie, at two termes in the year Whitsonday and Mertimas in winter be equall portions, during the waird and nonentrie, alsmuch for the releiffe, and the soume of ane hundreth pounds money foresaid for the mariage of the aire, when and how oft the samen shall fall, wherunto his majestie was graciously pleased, be the foresaid chartor, to tax the ward, releiff, nonentrie and mariage respective of the foresaids lands and others abovewritten, with the pertinents, alswell principall as warrandice, when the samen shall fall allenerlie in all time comeing, and hes dispensed with the airs to enter thereto, and to the haill remanent lands contained in the said chartor formerly taxed thereafter, notwithstanding of their minoritie, and if it shall be found that the saids lands and barony of Buchannan disponed in warrandice in maner abovewritten, or any pairt thereof to be holden in few ferme or any otherwayes then in ward, and that the saids principall lands of Strathyre shall happen to be evicted, then and in that case the said James, earle of Perth, his said sone and their forsaids, paying for the saids warrandice lands the few and blensch dewties of the samen contained in the infeftments thereof, proportionally and corresponding to so much as they shall have right to and possess after the said eviction allenarly. And his majestie faithfully promised in verbo principis to ratifie the said chartor and infeftment in his majesties' next parliament, and required the estates of parliament to ratifie the samen accordingly, as the said chartor of the date foresaid at more length proports, togither with the precept of seasing therin contained and instrument of seasing following thereon, in the haill heads, clauses, obleisments, tenors and contents thereof. And his majestie and estates of parliament foresaid wills, decernes and ordaines that the foresaid generall ratification is and shall be als valide, effectuall and sufficient to the said James earle of Perth, James, lord Drumond, his sone, and their foresaids, as if the said chartor, precept and instrument of seasing generallie above ratified, wer herein de verbo in verbum at length insert and ingrossed; wheranent and with all other exceptions and objections that may be moved or alledged against the validitie of the said ratification, his majestie and estates of parliament foresaid, for them and their successors, have dispensed and hereby dispensses for ever. And to the effect the foresaid dissolution and annexation be his majestie, be vertue of the said chartor and infeftment, may accresce and become the more effectuall, his majestie and estates of parliament foresaid hereby dissolves the foresaids lands and barony of Cargill, comprehending the lands and others abovewritten, lyand within the said shirrefdome of Perth, and the foresaids lands of Smithfield, Ardgeth and Ardencreiff, with tennents, tennendries and pertinents of the samen, lyand within the shirefdome of Forfar, fra the foresaids shirefdomes of Perth and Forfar respective, and fra all other jurisdictions, offices, dignities and others whatsoever, whereunto the samen or any pairt thereof wer any wayes formerly annexed or lyable of before, and hereby unites, annexes and incorporats the samen in and to the said stewartrie of Stratherne and jurisdiction thereof, to be repute, holden and esteemed as ane proper pairt of the said stewartrie in all time comeing.
Protestation by the marques of Athole against [the] before written ratification.
[1681/7/93]*[print] [email] [cite] [preceding] [following]
Our soveraign lord and estates of parliament, presently conveened by his majesties' speciall authority, have ratified and approven and, be thir presents, ratifies and approves ane chartor, containing precept of seasing, made and granted under his majesties' great seale, of the date at Whitehall, the sext day of Junii jM vjC and sevinty-three years, whereby his majestie, with advice and consent of the lords commissioners of his highnes['s] thesaurie and exchequer of this his ancient kingdome of Scotland, gave, granted and disponed and, for his majestie and his royal successors, perpetually confirmed to David, viscount of Stormont, lord Balvaird, Cockpull and Lochmaben, and to the airs male laufullie to be procreat of his body, whilks failyieing to his airs male whatsomever, whilks failyieing to his airs and assigneyes whatsomever, heretablie and irredeemablie, all and sundrie the lands, baronies and others underwritten, viz, all and haill these pairts and portions of the lands and baronie of Drumduff, to witt, all and haill the lands of Arngosk, comprehending therein the lands of Arngosk milne thereof, Pittullo, Conland, Gospertie, eister and wester, Heichame, Lethame, Fargies, Binn, Catochell, Pituncartie, Balvaird, with the maner place and milne thereof, the fourth pairt of the lands of Muretoun of Tentismuir, with the tower, fortalice, maner places, milnes, woods, fishings, tennents, tennendries, service of free tenents, annexis, connexis, dependences, outsettis, insettis, pairts, pendicles and all their pertinents, lyand within the shirefdome of Fife; and siclike, all and haill these pairts and portions of the lands and barony of Huitone, to witt, the tuenty pound land of old extent of Huittone, with the pertinents, all and haill the tuenty pound land of Tundergarth, with advocation, donation and right of patronage of the kirk of Tundergath, with all their pertinents, all and haill the fishing called Herretstar in Cumertries, upon the water of Sulway, lyand within the shirefdome of Dumfreis, which are proper pairts and pertinents of the baronie of Herreis of old annexed thereto, and siclike the salmond fishing and other fishings, and speciallie the fishing in the water of Annand, called the Quartertyd; and in likemaner, all and haill the saids lands of Cockpoole, Ruthvell, the tenement, tower and fortalice of Cumlongane, Cocklaiks, Pyhill, Sloithwatt, Rampatrick, Braidchappell, Preistdykes and Howatsyde, with the milne of the saids lands, tennents, tennendries, service of frie tennents, advocations, donations of kirks, chaplanries thereof and pertinents of the samen, with the free burgh of barony of Ruthvell, with the weekly mercats and three faires and all other immunities, priviledges and liberties of a free burgh of barony, all lyand within the shirefdome of Dumfreis, upon the resignation of the said David, viscount of Stomont, and his tutors in his name in respect of his pupilaritie, and whereby his majestie hes granted a novo damus of the foresaids lands, baronies, milnes, fishings, advocations and donations of kirks, chaplanries and others respective abovementioned, with all right his majestie hes or can pretend thereto, and unites, annexis, creats and incorporats the samen in ane haill and free lordship and barony, to be called the lordship and barony of Balvaird, ordaining the tower, fortalice and maner place of Balvaird to be the principall messuage thereof, and ane seasing to be taken thereat to be sufficient for the whole in all tyme comeing, notwithstanding the samen lye not contigue but in diverse places, shirrefdomes and jurisdictions, wheranent his majestie dispenses for ever; to be holden of his majestie and his successors in fie and heritage, for payment of the rights and services, used and wont and in place thereof, the taxt ward dewties respective underwritten, viz, paying yearlie the time of the ward and nonentrie of the saids lands, baronies and others respective particularlie above specified with the pertinents, holden in ward as said is, to his majestie and his successors superiors thereof, the soume of ane hundreth [and] tuenty-sex pounds Scots money, at two termes in the year Whitsonday and Mertimas in winter be equall portions, with the soume of ane hundreth [and] tuenty-sex pounds money foresaid for the releiffe of the saids lands, when the samen shall happen, and als the soume of four hundreth merks money foresaid for the mariage of the air or airs taxed and modified for the samen, whereunto his majestie hes been graciously pleased, be the said chartor, to tax the ward holding of the saids lands, and to dispense with the airs to enter, notwithstanding of their minoritie, in maner specified in the said chartor, togither with the precept of seasing therin contained and instrument of seasing following thereupon, in the haill heads, articles, clauses, tenors and contents thereof; and wills and grants and, for his majestie and his successors, decernes and ordaines that the foresaid generall ratification is and shall be als valide, effectuall and sufficient to the said David, viscount of Stormont and his foresaids, as if the said chartor, precept and instrument of seasing following thereupon, were herein speciallie and at lenth insert; whereanent and with all other exceptions or objections that may be moved or alledged against the validitie of the foresaid ratification, his majestie and estates of parliament foresaid, hes dispensed and, be thir presents, dispenses for ever.
[1681/7/94]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with advice and consent of the three estates of parliament, considering and perpending the constant zeall and loyaltie of Sir Alexander Setone of Pittmedden, one of the senators of the colledge of justice, to his majesties' person, kingly authoritie and government, even to this day, and that moreover John Setone of Pittmedden, his father, was killed in the service and camp of his majesties' father, of ever blessed memorie, in the intestine and unhappie warr in this his majesties' ancient kingdome of Scotland, in the year of our Lord jM vjC and threttie nyne, and likewise that James Seatone of Pittmedden, eldest brother to the said Sir Alexander, entered his majesties' service in the late warr by sea with the Dutch in the year 1665, and continowed in the said service, even from the begining to the end, with great courage and magnanimitie, and died therein, and his majestie being most willing, for the causes foresaids, and other onerous causes and good considerations moveing his highnes thereto, to conferr a character of his royal bounty and favour upon the said Sir Alexander and his family; therefore, our said soveraign lord, with advice and consent of his saids estates of parliament, be thir presents, ratifies, approves and perpetually confirmes ane chartor, of the date at Whitehall, the first day of June jM vjC and sevinty-seavin years, proceeding upon a signator, under his majesties' royall hand, wherby our said soveraign lord, with consent of the lords commissioners of his majesties' thesaurie and exchequer of the said ancient kingdome, gave, granted and disponed and, for his majestie and royal successors, perpetually confirmed to the said Sir Alexander Seatone, in liferent during all the dayes of his lifetime, and to William Seatone, his eldest laufull sone, and airs male laufullie to be procreat of his body, whilks failyieing to the other airs male laufullie procreat or to be procreat of the said Sir Alexander his body, whilks failyieing to the airs female procreat or to be procreat of his body, whilks failyieing to any person or persons whom the said Sir Alexander shall appoint to succeed to him by a nomination under his owne hand, even in articulo mortis and airs of their bodies, still with the burden of the provisions to be contained in the said nomination, whilks also failyieing and, incase the said Sir Alexander make no such nomination or being made that the same be revocked by him, then and in that case to the nearest airs and assigneyes of the said Sir Alexander whatsomever, the eldest daughter or air female, without division, still succeeding and marying a gentleman of the name of Setone, at leist who and their airs shall assume the said surname and bear the armes of the family of Pittmedden, heretablie and irredeemablie, with the provisions, under the reservations, restrictions and upon the conditions specified in the said chartor, as also mentioned in the severall letters of procuratorie of resignation therein rehearsed and no otherwayes, all and haill the four pleughes of the town and lands of Alathin, with the milne thereof, milne lands, multurs, sucken, sequells and knaveships of the same, with the crofts of Closterseat and Houfasyd pertaining therto, with all and sundrie housses, biggings, yairds, tofts, crofts, pairts, pendicles and pertinents thereof, togither with the teind sheaves and other teinds, great and small, alswell parsonage as viccarage of the same, as also the teinds of the lands and maines of Pittmedden, and of the towne and lands of Torie and milnelands thereof, all lyand within the baronie of Alathin, parochin of Udney and shirefdome of Aberdeen, and all formerly belonging heretablie to the said Sir Alexander, and holden by him of his majestie; and siclike, all and haill the towne and lands of Craig of Alathin, with that croft of land called Crawhill, the townes and lands of over and nether Ardmoires, and teinds alswell great as small, parsonage as viccarage thereof, and likewise all and haill the south pairt of the towne and lands of Logierusfie,† with the lands of Milnefield of Orchartoun, with these sex riggs of the Bearhill of Orchartoun, with the milne of Logieruisfie, alias Orchartoun, milnelands, multures, sequells and knaveship thereof, viz, the haill multures of the lands of Logieruisfie and Orchardtoune, and others used and wont, with all and sundrie maner places, housses, biggings, yeards, orchyairds, tofts, crofts, outsettis, insettis, mosses, muires, marresses, annexis, connexis, pairts, pendicles and pertinents thereof, with frie ishe and entrie thereto, and all other rights and righteous pertinents and priviledges formerly belonging to the same, togither with the parsonage teinds and other teinds thereof, alswell great as small, parsonage as viccarage of the samen lands, and others foresaids, all of old lyand within the baronie of Alathin, now by annexation within the baronie of Ardgraine, parochin and shirefdome foresaids, and whilks haill lands and others foresaids, pertained heretablie of before to the deceist Sir John Forbes of Wattertoun, holden by him immediatly of our said soveraign lord. As also, all and haill the toune and lands of Logieruisfie, commonly called North Logieruisfie, with the maner place, housses, biggings, yairds, orchyairds, tofts, crofts, mosses, muirs, marresses, pairts, pendicles and universall privileges and righteous pertinents of the same whatsomever, lyand within the parochin of Logie Buchan and shirrefdome foresaid, and which formerly pertained to William Gordoun, writer in Edinburgh, Christiane Kemp, relict of the deceist Alexander Robertsone, baillie in Aberdeen, Margaret Kemp, relict of umquhile Mr William Setone, late minister at the kirk of Logiebuchan, aires portioners served and retoured to the deceist Mr Thomas and Cathrin Kemps, their brother and sister, William Thores of Muiresk, James Innes, writer in Edinburgh, and John Lindsay of Eistertyrie, or ane or others of them heretablie, holden by them or ane or other of them of our said soveraigne lord. And likewise, all and haill the lands and barony of Drumbrack, comprehending the maines and manor place of Drumbrack, castle, tower and fortalice thereof, the townes and lands of Newseat, Outseat, Thornefoord, milne of Drumbrack, milnetoun thereof, milnelands, multures, sucken, sequells and knaveship of the same, with all and sundrie housses, biggings, yairds, orchyairds, milnes, woods, fishings, annexis, connexis, outsettis, insettis, tofts, crofts, tennents, tennendries, services of free tennents, mosses, muirs, meadows, commonty, common pasturage, pairts, pendicles and pertinents of the said baronie of Drumbrack whatsomever, togither with the teind sheaves and other teinds thereof, als well great as small, parsonage as viccarage of the same, all lyand formerly within the parochen of Allen, and now by annexation within the parochin of Udney and shirefdome of Aberdeen foresaid, and of before pertained heretablie to Mr Walter Cochran of Drumbrack, holden by him of our said soveraign lord. And lastly, all and haill the towne and lands of Orchardtoun, with the manor place thereof, housses, biggings, yairds, orchyards, dowcats, alehouse, alehousecroft, parks, inclosures, tofts, crofts, outsettis, insettis, cottages, mosses, muirs, meadows, lesures, commonty, common pasturage, foggage, fewall, faill and devot, annexis, connexis, dependences and haill pairts, pendicles and pertinents of the same, all lyand within the parochin of Udney, by annexation and shirefdome foresaid, and that as for the principall, and all and haill the towne and lands of Woolaw of Eslemonte, with housses, biggings and pertinents thereof, lyand within the parochen of Ellone and shirefdome foresaid, and that in reall warrandice of the said towne and lands of Orchardtoun, with the pertinents thereof abovespecified, and pertained heretablie of before to John Walker of Orchardtoun, and which chartor proceeds upon the particular resignations of the said Sir Alexander himselfe, and of the said deceist Sir John Forbes, Cristane and Margaret Kemps, William Gordoun, James Innes, William Thoares, John Lindsay and John Walker, in maner more fully specified in the said chartor; whereby also our said soveraign lord ratified, approved and confirmed to the said Sir Alexander Setone, his said sone and their foresaids as comeing in vice and place of the said John Walker of Orchardtoun, the chartor of alienation made by the deceist Patrick Walker, sometime of Orchardtoun, to the said John Walker, his eldest laufull sone, and his aires and assigneyes therein specified, dated the eighteen day of Aprile jM vjC and threttie-eight years, with the precept of seasing therin contained and seasing following thereon, and other writs, rights and securities whatsomever of and concerning the saids lands of Orchardtoun and Woolaw of Asslemont, with the haill pertinents thereof above specified as principall, and in reall warrandice respective, of whatsomever natures, dates, tenors or contents the same be of, in the haill heads, clauses, points, articles, provisions, obleidgments, circumstances and conditions thereof whatsomever, for the said Sir Alexander, his said sone and their foresaids, their farder securitie and more sure and peaceable possession thereof, and ordaines the said generall confirmation to be als sufficient to them as if granted before seasing, and in the lifetime of the said Patrick, and as if the said chartor and seasing wer particularly ingrossed in the said confirmation; anent all which and with all defects, faults and imperfections whatsomever that may be objected against the validitie thereof, our said soveraign lord, with consent foresaid, dispensed for ever, reservand to his majestie and royall successors the few dewties, blensch dewties and other dewties and services, if any be dew and payable to them furth thereof, and contained in the ancient rights before the said confirmation. Moreover, our said soveraign lord, with consent foresaid of his highnes['s] thesaurie and exchequer, for the causes above specified, of new, and of certane knowledge and proper motive, gave, granted and disponed to the said Sir Alexander Setone, his said sone and their foresaids, in liferent and fie respective, the haill townes, lands, baronies, milnes, milnelands, teinds, parsonage and viccarage and others particularlie and generallie abovespecified with the pertinents, all lyand, pertaining and resigned as said is, and that as principall, and in reall warrandice respective, togither with all right, clame of right, property and possession, petitor or possessor, whilks his majestie and his royall progenitors and successors had, have or can clame any maner of way to the saids lands, baronies and others foresaids, or to the maills, dewties and casualities thereof of whatsomever years or termes bygone or to come, be reason of ward, nonentrie, releiffe, mariage, escheits, forfaultures, recognitions, reductions, disclamations, purprestures or any other maner of way, as is more fully specified in the said de novo damus, all which and all action competent thereon are renounced, transferred and disponed in their favours for ever, cum pacto de non petendo, and with supliment of all defects and imperfections whatsomever, alswell not named as named, whilks are therein held as for exprest; and the saids lands, baronies and others foresaids are dissolved from all other baronies and erected in ane haill and free baronie, called the baronie of Orchardtoun, and the maner place of Orchardtoun appointed for ever to be the principall messuage of the said baronie, and ane seasing to be taken thereat, or upon the ground of any pairt of the lands nixt adjacent, to be sufficient for the haill, notwithstanding of their discontiguitie, wheranent his majestie, with consent of the saids lords of thesaurie and exchequer, dispensed for ever; to be holden the saids lands, baronie and others foresaids, comprehending as said is, to the said Sir Alexander Setone, his said sone and their foresaids, in liferent and fie respective, and with the conditions, provisions and declarations above exprest, off our said soveraign lord and his royall successours superiours in fie heretage and free baronie, as said is for ever, with the priviledges of a baronie therein particularlie rehearsed, giveand for the saids four pleughs of Alathin, milne, milnelands, multures, sucken, sequells and knaveship thereof, and two crofts of Closterseat and Houfasyd and pertinents thereof abovespecified, in vice and place of the rights and services used and wont, the soume of fiftie pound Scots money yearlie for the ward, the like soume for the nonentrie alsemuch for the releiffe, and ane hundreth pounds money foresaid for the mariage of the air or airs of the said Sir Alexander and William Setones, when the samen shall happen to fall out and occurr, and to which they wer formerly taxed by a chartor in favors of the said Sir Alexander, dated the twenty-fourth day of Aprile jM vjC and sevintie-one yeirs; and for the saids towne and lands of Craig of Alathin, Over and Nether Ardmoires, Crawhill, croft, toune and lands of South Logieruisfie, lands of Milnefield of Orchardtoun, sex riggs of Bearhill of Orchardtoun, milne of Logieruisfie, alias Orchardtoun, milnelands, multurs, sucken, sequells and knaveships thereof, with all their pertinents, in vice and place of the rights and services formerly used and wont, the soume of fourty-fyve pounds money foresaid, as the proportionall pairt of two hundreth pounds Scots which is the taxt ward dewtie dew and payable to his majestie and his foresaids yearlie, during the ward and nonentrie of the said baronie of Ardgraine, whereof they, by annexation, were a pairt, with the like soume for the releiffe and the soume of fourscore [and] ten pounds money foresaid for the mariage of the air or airs succeeding thereto, when the same shall fall out, as the proportionall pairt of the soume of four hundreth pounds money above written, to which the said mariage is also taxed, conforme to ane chartor granted by his majestie, under the great seale of his ancient kingdome, in favours of the said deceist Sir John Forbes of Wattertoun, of the saids lands and barony of Ardgraine, dated the fourth day of August jM vjC and sextie nyne years; and siclyke, for the said towne and lands of Orchardtoune, with the mannor place, housses, yairds, dowcats, alehouse, alehousecroft, mosses and remanent pertinents thereof above specified, the soume of two penys money foresaid at the feist of Whitsonday in name of blensch ferme, if it be asked allenerlie, and likewise for the saids townes and lands of Logieruiff, called North Logieruiff, with mannor place, mosses and remanent pertinents thereof above specified, and for the saids lands and barony of Drumbrack, maines thereof, mannor place, townes and lands of Newseat, Outsett, Thornefield, mylne of Drumbrack, milnetoun thereof, milnelands, multurs and remanent pertinents of the same whatsomever above specified, the rights and services used and wont; providing alwayes, likeas by the said chartor it is provided and declared, that how oft it shall happen the saids lands, baronie, milne, milnetoun and others particularly and generallie abovespecified to fall in the hands of our said soveraign lord or his royall successours, by reason of ward, that notwithstanding thereof, the said Sir Alexander, his said sone and their forsaids shall peaceablie possess and enjoy the saids lands, barony, milnes and others foresaids, and that it shall be laufull to them to intromett with and uplift the maills, profeits and dewties thereof, and dispose thereupon during the said waird and nonentrie or either of them, in all time thereafter, without any objection, obstacle or impediment to be made in the contrary by our said soveraign lord or his thesaurer or their donators, payand therefore yearlie to his majestie and royall successors, during the said ward or nonentrie, two hundreth merks money foresaid at Whitsonday and Mertimas be equall portions, and the like soume for the releiffe and four hundreth merks money foresaid for the mariage of the aire or airs of the said Sir Alexander, and his said sone and their assigneyes succeeding therein, when the same shall happen and no otherwise, and to which respective soumes the saids lands, barony and others foresaids are taxed by the said chartor, and then as if the saids casualities wer fallen out, the haill benefite thereof disponed in their owne favors for payment of the taxt dewties abovespecified, as they occurr as said is, and his majesties' thesaurers, advocats and donators prohibit and discharged from all farder troubling of them in time comeing, except for the taxt dewties abovespecified, and the airs, assigneyes and successours of the said Sir Alexander, and his said sone, are empowered, by the said chartor, to enter themselves airs in speciall to their predicessors in the saids lands, baronie and others abovespecified, by breives furth of the chancellarie, and obtaine themselves retoured and infeft therein upon precepts furth thereof, without respect to their minoritie or nature of the holding, and als freely as if they wer past their twenty-one years of age, whereanent and with the inqueist and judge, his majestie, with consent foresaid, by the said chartor dispenses; and lastly, for the saids teinds of the haill lands, baronie and others contained in the said chartor, the blensch dewties therein exprest and payand the ministers therein mentioned the proportionall pairt of the stipend therein rehearsed, togither with the precept of seasing contained in the said chartor and instrument of seasing following thereupon, in the haill heads, articles, clauses, and conditions thereof. And our said soveraign lord, with consent of his estates of parliament, decernes and ordaines the foresaid generall confirmation and ratification to be als valide and sufficient and of als great force, strength and effect, to all intents and purposes, as if the said chartor and seasing wer de verbo in verbum herein insert, albeit not swa done; whereanent his majestie, with advice and consent foresaid of his saids estates of parliament, be thir presents dispenses for ever. And further, our said soveraign lord, with consent of his saids estates of parliament, for the causes above specified, be thir presents of new gives, grants, dispones and, for his majestie and royal successours, perpetually confirmes to the said Sir Alexander Setone, in liferent, and to the said William Setone, his sone, and the airs male laufullie to be procreat of his body, whilks failyieing to the other airs of male and tailyie above specified, in the order, on the termes and with and under the conditions, provisions, reservations and restrictions above mentioned, and their assigneyes, heretablie and irredeemably, all and haill the foresaid baronie of Orchardtoun, lately erected, comprehending the particular townes, lands, baronie, milnes, milnelands, mosses, teinds, parsonage and viccarage and others particularlie and generallie abovewritten, and appoints the messuage to be and seasing taken as aforesaid, to be holden of our said soveraign lord and his royall successours as superiours in fie and heretage and free barony for ever, with the priviledge of barony and others contained in the said chartor, for payment yearlie to his majestie and royall successours of the taxt dewties and other dewties contained in the said chartor above confirmed and ratified, and dispenses with all nullities, faults, imperfections in and other grounds of the law competent against the said Sir Alexander, his said sone and their foresaids, for reduceing, quarrelling and impugning of their owne or authors' and predicessors' rights of the saids lands, baronie and uthers foresaids, for whatsomever cause or occasion bygone, and renounces and overgives the samen in their owne favours for ever.
[1681/7/95]*[print] [email] [cite] [preceding] [following]
Our soveraign lord and estates of parliament ratifies, approves and confirmes the chartor, under his majesties' great seale, to Sir Roger Hog of Harcarse, ane of the senators of the colledge of justice, and the deceist Dame Katharin Paterson, his spouse, and longest livear of them two, in conjunctfie and liferent, and to the said Sir Roger, his airs and assigneyes whatsomever heretablie, off all and haill the eight husband lands of Harcarse, with the teinds of two husband lands thereof; as also, off all and haill the lands of Boigend, with the milne of Fogo, called Cairnesmilne, with that pairt of the lands of Boigend called the dominicall lands of Boigend, with housses, biggings and pertinents and parsonage teinds of the samen lands, as principall, and in speciall warrandice of the saids lands of Boigend and Cairnesmiln, of all and haill the lands of Dirringtoun, and severall others at length contained in the said chartor. And siclike, of all and haill the lands of Eister Prentonnen, extending to ane nyne merk land, and of all and haill the lands of Wester Prentonnen, extending to ane other nyne merk land, with housses, biggings, yairds, orchyairds, muires, meadowes, communties, pasturages and priviledges, all at length specified and contained in the said chartor, of the date at Whitehall, the fifteen day of February jM vjC and threescore eighteen years, with the novo damus and erection of the samen lands, milne and teinds in ane barony, called the barony of Harcarse, with the change of holding of the saids lands of Eister and Wester Prentonnens from simple ward to taxt ward, for payment of the particular taxt dewties of ward, mariage, nonentrie and releiff, at length exprest in the said chartor, with the infeftment and instrument of seasing following thereupon, holding the samen as if they wer at length repeated and insert herein, in the haill heads, clauses and articles of the samen, after the forme and tenor thereof in all points, and wills and declares, decernes and ordains the said chartor and seasing to be ane good, valide and sufficient right and securitie to the said Sir Roger Hog, and his foresaids, for bruiking, enjoying and possessing the saids haill lands, milne and teinds, both principall and warrandice in all time comeing, conforme to the particular holding at length exprest in the said chartor.
[1681/7/96]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with advice and consent of the estates of parliament now presentlie conveened, ratifies and approves and, for his majestie and his successours, perpetuallie confirmes the two chartors under written and seasings following thereupon, viz, the chartor and infeftment granted be our said soveraign lord, with advice and consent of the lords and others commissionars of his majesties' thesaurie and exchequer in this kingdome of Scotland, to his majesties' right trusty councellor Sir George Gordoun of Haddo, knight and baronet, one of the senators of the colledge of justice, and the airs male laufullie procreat or to have been procreat of his bodie, which failyieing to the said Sir George Gordoun his other nearest and laufull aires male, which also failyieing to his airs and assigneyes whatsomever, heretablie and irredeemablie, but any maner of reversion, redemption or regres, of all and haill the lands and barony of Haddo, comprehending therein the Maines of Haddo, with the mannor place thereof, and the two Methlicks, commonly called the Litle and Meikle Methlicks, with the milne and milnelands thereof, astricted multures, sucken and knaveship of the same, and pendicle called Cottonhillock, the townes and lands of Burngraines, Greenmyres, Kairnes, Braickley, Sandet, Hilbrae, Anditts, Knabhill, townes and lands of Archedley and Northseat thereof, and milne of Archedlie, with the milne lands thereof, astricted multures, sucken, sequells and knaveships of the samen, with the salmond fishings upon the water of Ythan, beginning under Powtone and ascending be the said water to Powhowie, with all and sundrie housses, biggings, yairds, orchyairds, meadowes, commontie, common pasturage, tofts, crofts, outsettis, insettis, annexis, connexis, dependances, tennents, tennandries and service of free tennents, pairts, pendicles, priviledges and haill pertinents thereof, all lying within the parochines of Methlick and Tarves and shirefdome of Aberdeen, and all unit, annexed and incorporat in ane haill and free barony, called the baronie of Haddo, conforme to ane chartor thereof, under the great seale, granted be his majesties' umquhile dearest father, of blessed memorie, to the deceist Sir John Gordoun of Haddo, father to the said Sir George Gordoun now of Haddo, of the date the fourth day of July jM vjC and threttie-sex years. And siclike, of all and haill the lands and maines of Schithin, mannor place thereof, and lands called Old Milne of Schithin and Baddinharres lands thereof, called Litle Meldrum, and the milne of Schithin, with the milnelands, multurs, sequells and knaveship of the same, and all and sundrie housses, biggings, yairds, orchyairds, muires, marishes, meadowes, commonties, common pasturages, tofts, crofts, outsettis, insettis, annexis, connexis, dependances, tennents, tennandries and service of free tennents, pairts, pendicles and haill pertinents thereof whatsomever, lying within the said parochin of Tarves and shirefdome foresaid, which chartor proceedeth upon the resignation of the said Sir George Gordoun himselfe, as served and retoured and be precept furth of the chancellarie infeft as air male to the said deceist Sir John Gordon of Haddo, his father, in the said barony of Haddo, formerly unit as said is, and proceedeth upon Mr William Forbes, sometime of Woodhill, James Setone, sone and air served and retoured to the deceist Mr William Setone, sometime minister at Logiebuchan, and Mr John Innes, sometime of Tibbertie, thereafter of Schithin, their resignation of the saids lands and maines of Schithin, mannor place thereof and others above written, with the pairts, pendicles, priviledges and pertinents of the samen, made be them as being all infeft therein and be their procurators in favors of the said Sir George Gordon, in whose person the right and propertie of the saids lands and maines of Schithin and others [forsaids] is conveyed and fully established be virtue of the securities, appriseings, adjudications, wadsetts, dispositions and assignations thereof respective mentioned in the said chartor, in maner therin exprest. And which chartor (for the said Sir George Gordon, and his saids deceist father and brother their good services and their loyaltie and sufferings for his majestie and his dearest father in the late troubles) containeth ane ample novo damus or new grant be his majestie to the said Sir George Gordon, and his foresaids, off all and haill the saids lands and barony of Haddo, comprehending and formerly unit as said is, and of the saids lands and maines of Schithin, mannor place thereof, and others foresaids, with the pairts, pendicles, priviledges and pertinents of the samen abovespecified, all lying in maner foresaid, and all be the said new chartor unit, annexed, creat, erect and incorporat in ane haill and free baronie, called and to be called the baronie of Haddo. And the mannor place of Haddo is thereby ordained to be the principall messuage of the said baronie, and ane seasing to be taken thereat or upon the ground of any pairt or place of the lands, baronie and others foresaids, to be sufficient for the whole, notwithstanding of the discontiguitie thereof, and dispensing therewith to be holden of his majestie and his successours in fie heretage and free baronie for ever. By the which chartor, for the causes abovespecified, the holding of the saids haill lands and barony, now unit as said is, is changed from simple ward to taxt ward, paying the airs, successors and assigneyes of the said Sir George Gordoun, to our said soveraign lord and his successours, for the ward and nonentries thereof, or either of them, the soume of fourtie pounds usuall money of this realme yearlie, at two termes in the year Whitsonday and Mertimas in winter be equall portions, during the haill time of the said ward and nonentries, and the like soume of fourtie pounds money foresaid for the releiffe thereof, togither with the soume of fourscore punds for the mariage of the airs and successours of the said Sir George Gordoun for the saids lands and baronie of Haddo, when any of them shall happen to fall, all be the said chartor taxt to the soumes abovewritten and holden and esteemed reasonable, and which ward, nonentrie, mariage and releiff, then as if they wer fallen, are be his majestie assigned and disponed in favours of the said Sir George Gordon, and his foresaids, for payment of the taxt ward dewties abovementioned; and his majestie dispenses with the service of the aires in their minorities, in maner at length contained in the said chartor, as the samen of the date, at his majesties' palace of Whitehall, the tenth day of February last by past, in this instant year of God jM vjC and eightie-one years, containing his majesties' promise to ratifie in parliament, and ane precept of seasing in the end thereof more fully bears, togither with the instrument of seasing following upon the said chartor and precept of seasing therincontained, of the date the fifth day of Aprile last by past, under the signe and subscription manuall of James Middleton, notar publict, dewlie registrat.
And siclike ane other chartor, granted be our said soveraign lord, with consent of the lords and others commissionars of his thesaurie and exchequer, to the said Sir George Gordon, therin designed of Haddo, knight and baronet, whereby his majestie, for the causes therin exprest, with consent abovespecified, erected, created, gave, granted and disponed and, for his majestie and his successors, perpetually confirmed to the said Sir George Gordon, knight and baronet, and his airs male and assigneyes whatsomever, all and haill the townes and lands of Tarves, with all lands, tenements, cottages, housses, biggings, yairds, orchyairds, mosses, muires, tofts, crofts, outsettis, insettis, annexis, connexis, dependances, tennents, tennendries and service of free tennents, pairts, pendicles and pertinents thereof whatsomever, lying within the parochin of Tarves and shirefdome of Aberdeen, in ane free burgh of baronie to be called, now and in all time comeing, the burgh of baronie of Tarves, with full power, priviledge and libertie to the said Sir George Gordon, and his foresaids, to build the said burgh of baronie, and to extend the bounds and marches thereof, and to make, creat, receave and admitt free burgesses in the said burgh, as also with full power, facultie, priviledge, libertie and licence to all the inhabitants of the said burgh, present or to come, and others who shall be the said Sir George Gordon, and his foresaids, be admitted and receaved free burgesses of the said burgh, and to the said Sir George himselfe, of buying and selling of wyne, walx, pitch and tarr, cloath, alswell linning as woolen, broad and narrow, and all other sort of merchandice and all steple goods within the said burgh, to make up, pack and peill, and with power to the said Sir George Gordon, and his foresaids, to admitt and receave within the said burgh baxters, brewars, fishers, fishmongers, tailyiors, shoemakers, smiths, wrights, masons, sadlers, maltmakers, weavers and all and whatsomever merchands, craftsmen and other mechanicks and artificers needfull, to whom it shall be laufull to use and exerce their saids artes and callings alse freely, fully and peceablie, in all respects, as any burgesses, merchants, craftsmen, mechanicks or others of the like station within the said kingdome of Scotland had exerced or might in time comeing use and exerce the samen, and with power to the said Sir George Gordon, and his foresaids, to choyse, make, creat and appoint bailyies, clerks, officers, serjants and all other officers necessar for guyding and governing of the said burgh yearlie in tyme comeing, and to change them als oft as shall be needfull, and to build, hold and have ane tolbuith, mercat croce and weighouse within the said burgh, in such places as they shall judge most expedient, and all kinds of measures and weights therein to keep; and alse, to keep and hold within the said burgh ane weekly mercat upon Tuesday, and four publict free faires yearlie, one of the saids faires begining upon the first Tuesday of March, to be called St Anna's fair, ane other thereof upon the thrid Tuesday of July, to be called St Margaret's fair, ane other thereof upon the second Tuesday of September, to be called Formartimes fair, and the last thereof upon the last Tuesday of October, to be called St Tanglan's fair, in all time comeing, and every ane of the saids faires are ordained to stand and continue for the space of four dayes, with power also to the said Sir George Gordon, and his foresaids, to gather and receave the customes, dewties and casualities of the said weekly mercat, weighouse and four free faires yearlie, and to apply the samen to their owne proper use in all time comeing, with power likewise to the saids bailyies to be elected and admitted, as said is, to hold burrow courts weekly within the said burgh and liberties thereof, whatsomever dayes and how oft the said Sir George Gordon, and his foresaids shall sie fitt, and clerks, officers, dempsters and all other officers and members of court necessar, with the speciall advice and consent of the said Sir George Gordon and his foresaids allenerlie, to creat, nominat and appoint decreits and sentences in all causes, alswell civill as criminall, as is compitent to any burgh to pronunce, and the samen to due execution, cause be put and to persew, arreist, apprehend, fine and imprison all malefactors or other persons who shall committ any crimes within the said burgh of baronie and libertie and pertinents thereof, or who shall trouble or brake his majesties' peace the time of the holding of the saids faires and weekly mercats, or at any other time, and legall sentences and decreits against the saids persons and ilk ane of them respective, to decerne and pronunce, siclike and alse freely in all respects and conditions as any barone or magistrat whatsomever of whatsomever baronie or burgh of baronie within the said kingdome may or can doe, the escheits, amerciaments and unlaws of the said courts to uplift and the samen to the proper use of the said Sir George Gordon, to apply and if need bees to poind and imprison therefore, acts and lawes, with consent of the said Sir George Gordon and his foresaids, for the utilitie of the said burgh, to make, the trangressors thereof conforme to the lawes of this realme, to imprison and punish, and generallie all other priviledges and liberties, to exerce alse freely as is granted to any other free baron or free burgh of baronie within the said kingdome, or is known to belong thereto, and speciallie but prejudice of the said generalitie, all and sundrie other priviledges, rights, liberties and immunities mentioned and contained in the fifth act of the thrid session of his majesties' second parliament made theranent; [and] to be holden of his majestie and his successors in free blensch ferme and heretage for ever, giveing yearlie the said Sir George Gordon, and his foresaids, to his majestie and his royal successors, ane penny money of this realme, at the feast and terme of Whitsonday upon the ground of the saids lands in name of blensch ferme, if asked allenarlie, with due and laufull administration of justice in the said burgh of baronie, weekly mercat and faires abovespecified to all persons having interest as use is, for all other burden, question or demand, as the said chartor, of the date at his majesties' court at Whitehall, the tuenty-fifth day of July jM vjC and sevintie-thrie years, containing ane precept of seasing in the end thereof in itselfe proports, togither with the instrument of seasing following upon the said chartor and precept of seasing therin contained, of the date the tuenty-fifth day of October the said year, under the signe and subscription manuall of William Kilgour, notar publict, dewlie registrat.
In all and sundrie the heads, points, clauses, articles, circumstances and conditions whatsomever contained in the said two chartors and seasings abovewritten following thereupon, after the formes and tenors thereof in all points. And his majestie, with advice and consent of the estates of this present parliament, statuts and ordaines the foresaid chartor of the said barony of Haddo, containing the said novo damus, new union and conversion from ward to taxt ward, and the foresaid chartor and erection of the said burgh of baronie, containing the jurisdiction and haill priviledges and immunities above mentioned, with the saids precepts of seasing contained in the ends of the said chartors and the seasings abovewritten following thereupon, to stand, subsist and be good, valid and sufficient rights and securities to the said Sir George Gordon, and his foresaids, in so farr as concernes the interest of his majestie and his successours and the said estates of parliament, and that the samen new gift, new union and change of holding and the said erection, jurisdiction, priviledges and immunities and other clauses of the saids chartors therin contained, shall never be revocked, quarrelled nor recalled be his majestie nor his successours, nor be the said estates of parliament of this kingdome in time comeing, directly nor indirectly upon whatsomever ground of the law, act of parliament or constitution whatsomever. And alse his majestie, with advice and consent foresaid, dispenses with the generalitie abovewritten and willes and grants and, for his majestie and his successours, decernes and ordaines that this present ratification is and shall be als valide, effectuall and sufficient, in all respects, to the said Sir George Gordon, and his foresaids, as if the said two chartors and seasings following thereupon wer herein at length de verbo in verbum and speciallie and particularlie insert and ingrost; whereanent our said soveraign lord, with advice and consent foresaid, for his majestie and his successours, hes dispensed as said is and, be thir presents, dispenses for ever.
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Our soveraign lord, with advice and consent of the estates of parliament of this his majesties' ancient kingdome of Scotland, hes ratified, approven and confirmed and, by these presents, ratifies, approves and confirmes the chartor of confirmation made and granted by his majestie, with advice and consent of the lords commissioners of his majesties' thesaurie and exchequer, of the date at Edinburgh, the second day of March last by past, whereby our said soveraign lord hes ratified and approven and, for his majestie and his successors, perpetuallie confirmed ane chartor made and granted by his majesties' right trustie cousine and councellor John, duke of Lauderdale, marques of March, earle of Lauderdaill, viscount Maitland, lord Thirlestain, Musleburgh and Boltoun, lord of the lordship and regalitie of Mussleburghshyre and superior of the lands and others underwritten, of the date at his majesties' court of Whitehall, the tuenty day of October jM vjC and fourscore years, whereby the said John, duke of Lauderdale hes given, granted and disponed and, for him and his successours, perpetually confirmed to and in favors of his majesties' lovit Sir William Sharp of Stoniehill, knight, and Dame Agnes Clelland, his spous, and longest livear of them two (for the said Dame Agnes Clelland her liferent use allenerlie) and to the airs male laufullie to be procreat of the said Sir William Sharp his bodie, which failyeing to the person or persons who shall be nominat and designed by the said Sir William Sharp to be air or airs to him, under his hand at any time during his lifetime, under the provisions, conditions, restrictions and limitations to be contained and exprest in the said nomination, and failyeing of any such nomination, to the said Sir William Sharp his nearest and laufull airs and assigneyes whatsomever, heretably and iredeemably, all and haill that just and equall halfe of the toune and lands of Naetoun, commonly called the wester halfe thereof, formerly pertaining to the deceist Sir John Prestoun of Valyfield, and thereafter to the deceist Sir Alexander Hay of Whitburgh, which wester halfe is divided from the other halfe of the saids lands, called the easter halfe of the samen, sometime pertaining to the deceist Mr John Edmonstoun, heretable proprietar of the same, thereafter to Sir William Murray of Dundarne, knight, by the march stones and limites particularly mentioned in the rights and infeftments of the saids lands, with the mannor place, housses, biggings, yairds, orchyairds, coalls, coallheughs, pairts, pendicles and pertinents of the foresaid wester halfe of the said towne and lands of Naetoun, togither with the house, commonly called the Sheepherd's House, which sometime was common to both portioners of the said towne and lands of Naetoun, togither also with all passages, wayes and lonnings, pairts, pendicles and pertinents whatsoever pertaining and belonging to the said wester halfe of the foresaid towne and lands of Naetoun, conforme to ane contract of division past and perfyted betuixt the saids deceist Sir John Prestoun and Mr John Edmonstoun on the ane and other pairts, of the date the [...] day of December jM vjC and thretteen yeirs, all lying within the parochin of Naetoun, lordship of Mussleburghshyre, regalitie of Dumfermling and shirefdome of Edinburgh. And siclike, all and haill the lands of Staniehill, with the mannor place, housses, biggings, yairds, orchyairds, tofts, crofts, coalls, coallheughes, cunings, cuninghars, dowes, dowcats, annexis, connexis, dependances, pairts, pendicles and pertinents thereof whatsoever, lying in the said regalitie of Dumfermling, called Hutcheon's croft and bank and Thomas aiker, and pertinents thereof, with the teind sheaves and parsonage teinds of all and sundrie the foresaid just and equall halfe of the said toune and lands of Naetoun, called the wester halfe thereof, and of the foresaids lands of Staniehill and lands called Hutcheon's croft and bank and Thomas aiker, with the pertinents thereof abovewritten. And moreover, all and haill these fyve aikers of arrable land of the lands of Whitehill, whereof four wer lately possest by John Brown in Fisherraw, lying in that shott commonly called Burnshott, lying betuixt the common merch balk of Whitehill and Staniehill on the east, the lands in the said shott sometime possest by William Heriot on the west, and the two common wayes leading from Niddrie to Musleburgh on the north and south pairts, and the other of the saids fyve aikers possest by Agnes Denholme, lying in the east edge betuixt the lands of George Cheyne on the east, the lands possest by the said Agnes Denholme on the west, the said shott of land called the Loning on the north, and the high way leading from Edmonstoun to Mussleburgh on the south pairts (reserving libertie and licence to break the ground thereof and to sett down sincks therein, and with libertie of a common passage and all other things necessary to doe for working and wining of the coall thereof, they alwayes satisfying and paying all damnage and all charges and expences for wayes, passages and filling up of the saids sincks). And in likemaner, all and haill these sexteen oxengate of land of Monktounhall, with houses, biggings, yairds, tofts, crofts, coalls, coallheughes, pairts, pendicles and pertinents thereof whatsoever, lying within the parochin of Inneresk, regalitie of Dumfermling, lordship of Musleburgh and shirefdome of Edinburgh foresaid, togither with all other tenements, housses, yairds, orchyairds, barnes, [...], stables lying within and about the said towne of Monktounhall, which pertained heretablie of before to the deceist Robert Dobie of Staniehill, thereafter to Robert Dobie, his sone and air, and whereof they and their tennents were in possession, of whatsoever name or designation and (without prejudice of the generalitie foresaid) the housses, tenements, yairds and others in Monktounhall which sometime pertained to Thomas Abernethie, Cornelius Neilsone and Robert King, and which wer resigned by them in the hands of the said Robert Dobie, superior thereof, ad perpetuam remanentiam; as also, all and sundrie the teind sheaves and parsonage teinds of the foresaid sexteen oxengate of land of the towne and lands and territorie of Monktounhall, and further, all and haill these four oxengate and ane halfe oxgate of land of the towne and territory of Monktounhall, with housses, biggings, coalls, coallheughes, dowcat, kilyairds, pasturage, pairts, pendicles and haill pertinents thereof, sometime pertaining to the deceist John Cass, writer and clerk of the said lordship of Musleburgh shire, and possest by him and his predicessors past memorie of man, and thereafter to the deceist William Smith, clerk of the said lordship, and Margaret Cass, his spouse, and thereafter to the deceist William Smith, their eldest laufull sone, and air to his said deceist father, and to Mr Robert Smith, brother and air to the said deceist William Smith, younger, and now to the said Sir William Sharp, and his said spouse, and conquest and acquyred by them from the said deceist William Smith and Mr Robert Smith, his brother and air, by vertue of the severall rights and dispositions made and granted by them to the said Sir William Sharp and his said spouse thereupon, all bounded and limited in maner therein mentioned, and lying within the said lordship and regalitie of Musleburghshyre and shirefdome of Edinburgh. Which haill lands and others above written, with the pertinents togither with the teind sheaves and parsonage teinds of the samen abovementioned, pertained heretablie of before to the said Sir William Sharp, and certane others persons his authors, from whom the samen wer conqueist and acquired, and were by them and each of them, conforme to their severall rights and interests, disponed and resigned in favours of the said Sir William Sharp and Dame Agnes Clelland, his spouse, and longest livear of them two (for the said Dame Agnes her liferent use allenerlie) and the airs male lawfullie to be procreat of the said Sir William his bodie, which failyieing his other airs and assigneyes respective above specified, in maner more fully mentioned in the said chartor; likeas by vertue of the said chartor, and for the onerous causes therein exprest, the said John, duke of Lauderdale hes not only ratified, approved and, for him and his successors, perpetually confirmed the haill dispositions, rights and securities mentioned in the said chartor and whereupon the samen proceeds, with the instruments of seasing following or to follow thereupon, as also all other dispositions, chartors, infeftments, seasings, procuratories and instruments of resignation, and others rights and securities whatsoever made and granted by the said John, duke of Lauderdale, or any of his predicessors and authors, or by any other person or persons whatsoever, off and concerning the lands, teinds and others particularlie and generallie above mentioned, with the whole pertinents of the samen, all lying as said is, off whatsoever dates, tenors and contents the samen be, and hes dispensed with the generalitie of the said confirmation, and all defects and objections that anywayes may be moved, objected or alledged against the same, bot also hes of new given, granted and disponed and, for him and his successors, perpetuallie confirmed to the said Sir William Sharp of Staniehill and Dame Agnes Clelland, his spouse, and longest livear of them two (for the said Dame Agnes her liferent use allenerly) and to the airs male laufullie to be procreat of the said Sir William his bodie, which failyieing to the person or persons who shall be nominat and designed by the said Sir William at any tyme during his lifetyme, under his hand, to be air or airs to him under the provisions, conditions, restrictions and limitations to be exprest in the said nomination, and failyieing of such a nomination to the said Sir William Sharp his nearest and laufull airs and assigneyes foresaids, heretablie and irredeemablie, all and haill the foresaid just and equall halfe of the said towne and lands of Naetoun, called the wester halfe thereof, as also all and haill the saids lands of Staniehill, and all and haill the superioritie of the saids lands of Hutcheon's croft and bank, and Thomas aiker, and all and haill the foresaids fyve aikers of arable land of the lands of Whitehill, and siclike all and haill the foresaid sexteen oxengate of land of the towne and lands of Monktounhall, with the other housses, tenements, yairds, orchyairds, barnes, [...], stables lying within and about the said towne of Monktounhall, which formerly pertained to the said Robert Dobie and his said deceist father, and whereof they and their tennents were in possession off whatsoever name or designation and speciallie (but prejudice of the foresaid generalitie) the foresaids tenements, housses, yairds and others in Monktounhall which sometime pertained to the saids Thomas Abernethie, Cornelius Neilson and Robert King, and were by them resigned in the said deceist Robert Dobie his hands, ad remanentiam, all lying as said is; as also, the teind sheaves and parsonage teinds of all and sundrie the foresaid wester halfe of the towne and lands of Naetoun with the pertinents, and of the saids lands of Staniehill, Hutcheon's croft and bank and Thomas aiker, and of the foresaids fyve aikers of arrable land of the saids lands of Whitehill, and of the foresaid sexteen oxengate of land of the said towne and lands of Monktounhall, with all and sundrie pairts, pendicles and pertinents thereof. Likeas, by vertue of the said chartor, the said John, duke of Lauderdale hes unit and annexed the saids teind sheaves and parsonage teinds to the foresaids lands to remain inseparablie therewith, so that the foresaids lands and pertinents thereof may be bruiked and possest by the said Sir William Sharp, and his said spouse and his foresaids, joyntly with the teind sheaves of the samen, included in all time comeing; and siclik, all and haill the foresaids four oxengate and ane halfe oxgate of the towne and lands of Monktounhall disponed by the said deceist William Smith, younger, and Mr Robert Smith, his brother germane and air to him, to the said Sir William Sharp and his said spouse, with the haill mannor place, housses, biggings, yairds, orchyairds, coalls, coallheughis, dowes, dowcats, cunings, cuningars, tofts, crofts, annexis, connexis, pairts, pendicles and pertinents, of all and sundrie the lands particularlie abovementioned, all lying as said is, togither with all right, title, interest, clame of right, propertie and possession, alswell petitor as possessor, which the said John, duke of Lauderdale or his predicessors or successors, had, hes or any wayes may have, clame or pretend in, and to all and sundrie the lands, teind sheaves and others abovewritten, with the pertinents or any pairt thereof, or to the maills, fermes, profites and dewties of the samen of whatsoever years and termes bygone, by reason of ward, nonentrie, releiffe, mariage, escheat, forfaulture, bastardrie, recognition, alienation of the whole or most pairt, diminution of the rentall of the lands, teinds and others foresaids, not confirmation, shewing and produceing of the originall infeftments in dew time or omitting the same, not payment of the few fermes and other dewties and services dew furth thereof, or by any other way, right and title, or for whatsoever other cause, deed or occasion bygone preceeding the date foresaid of the said chartor, all which the said John, duke of Lauderdale hes, for him and his successors, renunced and overgiven in favors of the said Sir William Sharp, and his said spouse and his foresaids, with all action and instance competent or that may be competent thereupon cum pacto de non petendo, and with suplement of all other defects and imperfections, alswell not named as named; which are holden as for exprest in the said chartor, to be holden and to be held all and sundrie the lands, tenements, aikers and others particularlie above mentioned, with the teind sheaves and parsonage teinds respective abovewritten, by the said Sir William Sharp of Staniehill and Dame Agnes Cleland, his spouse and longest livear of them two (for the said Dame Agnes her liferent use allenerlie) and his foresaids, off the said John, duke of Lauderdale and his successors, superiors thereof, in fie and heretage for ever, for payment yearlie of the few and blensch dewties and performeing the other services and fulfilling the other clauses and conditions particularly mentioned and exprest in the said chartor, togither with the precept of seasing contained in the said chartor and instrument of seasing following or to follow thereupon, togither also with all other chartors, precepts, instruments of seasing, tacks, assedations, gifts, rentalls, renunciations and other rights, writs, evidents and securities whatsoever made and granted to the said Sir William Sharp, or any of his authors and predicessors, by the said John, duke of Lauderdale, his authors and predicessors, or by the abbotts and commendators of Dumfermling and convent thereof, or by his majestie or any of his royal progenitors, kings or queens of Scotland, or any other person or persons, off and concerning all and sundrie the lands, tenements, aikers and others respective and particularly abovespecified, with the pertinents and teind sheaves and personage teinds of the samen abovewritten, off whatsoever date or dates, tenors or contents the samen be, with all that hes followed or may follow thereupon, in all and sundrie heads, articles, clauses, circumstances and conditions thereof whatsoever, and after the formes and tenors of the samen in all points. And his majestie, for himselfe and his successors, decerned, ordained and declared the foresaid confirmation to be als valide, effectuall and sufficient to the said Sir William Sharp and Dame Agnes Clelland, and his foresaids, for bruiking, enjoying and possessing of the lands, tenements, aikers and others above written with the pertinents, togither with the teind sheaves and other teinds parsonage of the samen respective and particularly abovementioned, as if the foresaids chartors, seasings and other writs and evidents, particularly and generally above specified, were word by word insert thereintill; whereanent and anent all defects and imperfections that may be moved thereagainst, his majestie, for him and his successors, hes dispensed for ever. Saveing alwayes, and reserving to his majestie and his royall successors, the dewties, rights and services used and wont to be payed to his majestie furth of the saids lands and teinds before the said confirmation, as in the said chartor of confirmation at more length is contained, and that in all and sundrie the heads, articles, clauses, circumstances and conditions of the foresaid chartor of confirmation granted by his majestie, and after the forme and tenor of the samen in all points. Moreover, our said soveraign lord, with advice and consent of the saids estates of parliament, wills, grants, decernes and ordaines that this present ratification is and shall be als valide, effectuall and sufficient to the said Sir William Sharp and Dame Agnes Clelland, his spouse, and his foresaids, as if the foresaid chartor of confirmation granted by his majestie, and haill grounds and warrands whereupon the samen proceeds, had been verbatim ingrossed and insert hereintill; whereanent and with all defects and imperfections that may be moved or objected thereagainst, or against this present ratification of the samen, our said soveraign lord and the estates of parliament have dispensed and hereby dispenses for ever.
[1681/7/98]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with advice and consent of the estates of parliament, ratifies and approves and, for his majestie and his successors, perpetually confirmes the chartor and infeftment, granted by our soveraign lord, with advice and consent of the lords and others of his majesties' thesaurie and exchequer of the kingdome of Scotland, to Mr Alexander Gibson, now of Paintland (designed in the chartor under written, one of the clerks of privie councill and session) and the airs male then laufullie procreat or to have been procreat of his owne body, which failyieing to the airs male then laufullie procreat or to have been procreat of the body of Sir John Gibson of Paintland, his father, which failyieing to the said Mr Alexander Gibson, his airs and assigneys whatsomever, heretablie and irredeemablie, off all and sundrie the lands, baronie and others underwritten, viz, all and sundrie the lands and baronie of Paintland, with the town and cornemylne of the samen, advocation, donation and right of patronage of the kirk of Paintland, the lands of Hillend, Boighall and Leips, with their pertinents; the lands of Paintlandmuir, with the pertinents, viz, Kirktoun, Whitehaugh, Loganhouse, with the tower and fortalice of the samen, Grucraig, Sinyshops, Easter and Wester Fallowgraine; all and sundrie the lands of Mortoun and Mortounhall, with the maner place of the samen, as also all and sundrie the lands of Alderstoun, with all and sundrie manor places, housses, biggings, yairds, orchyairds, tofts, crofts, outsettis, insettis, mosses, muires, meadowes, coalls, coallheughes, tennents, tennandries, service of free tennents, pairts, pendicles, priviledges and pertinents of all and sundrie the lands, barony and others abovespecified, with all their commonties as the same are and were possest for sundrie years bypast by the said Sir John Gibson and his authors, of the lands and others abovementioned heretors for the time or their tennents, lying within the shirefdome of Edinburgh. And siclyke, off all and sundrie the teind sheaves and other teinds, alswell parsonage as viccarage, of the haill lands, barony and others abovementioned, lying within the parochine of Leswade and Peniecook and shirefdome foresaid; and likewise the annuitie of the saids teind sheaves and other teinds of the lands, barronie and others respective abovementioned, under the reservations, provisions and conditions therin specified conceaved in favors of the said Sir John Gibson. Which chartor containes a new gift of all and sundrie the haill lands, baronie, milnes, right of patronage, teinds and annuities of the same commonties and others above rehearst, and ane new erection thereof in ane whole and free baronie, called the baronie of Paintland, and ane seasing to be taken be the said Mr Alexander Gibson and his foresaids, in all time comeing, at the mannor place of Alderstoun or at the town of Paintland, or upon the ground of any other pairt of the lands, baronie and others foresaids, is ordained to be ane sufficient seasing to them for the haill lands, baronie, milne, right of patronage, teinds and annuities of the same, commonties and others above rehearst, notwithstanding that the samen lyes not contigue; to be holden of our said soveraign lord and his successors, as immediat laufull superiors thereof, in taxt ward, few ferme and free blensch ferme respective, free barony, fie and heritage for ever, for payment of the taxt dewties after mentioned, viz, for the ward and nonentrie of the foresaids lands and baronie of Paintland, with the towne and cornemilne thereof, advocation, donation and right of patronage of the paroch kirk of Paintland, and the saids lands of Boighall and Leips, Paintlandmuir, Kirktoun, Whitehaugh, Loganhouse, Grucraig, Sinyshope, Easter and Wester Fallowgraines and lands of Alderstoun, with all and sundrie mannor places, housses, biggings, yairds, orchyairds, tofts, crofts, commonties, pairts, pendicles and pertinents thereof foresaids, ane hundreth and nyntie merks Scots money yearlie during the time of the ward and nonentrie of the samen, togither with the like soume of ane hundreth and nyntie merks money foresaid for the releiff thereof, as ane proportionall pairt correspondent to the saids lands of the soume of two hundreth merks money foresaid payable yearlie be the said Mr Alexander Gibson, and his foresaids, during the space of the said ward and nonentrie, and alsmuch for the releiff thereof, be vertue of and conforme to the chartor, under his majesties' great seale, granted to the said deceist Sir John Gibson in liferent, and the said Mr Alexander Gibson, and his foresaids, in fie of the date, the fourt day of June jM vjC and sextie-thrie years, in which chartor the holding of the said lands is changed from simple ward to taxt ward, togither with the like soume of four hundreth and eightie merks money foresaid for the mariage of the air, as ane proportionall pairt, correspondent to the saids lands of the soume of fyve hundreth merks money foresaid of the taxt dewties containied in the foresaid infeftment, as oft as the said mariage shall happen, so that the north halfe of the lands of Balhouffie, called Pitmarchie and Bonerbo with the pertinents, lying within the parochin of Kilrinnie and shirefdome of Fyfe, and lately pertaining to the said Sir John and Mr Alexander Gibsons, which were pairt and pertinents of the said barony of Paintland, and included in the foresaid infeftment, and were disponed by the said Sir John and Mr Alexander Gibson to Sir William Bruce of Balcaskie for payment of ten merks money foresaid during the time of the ward and nonentrie of the samen, as the remaines of the said taxt ward dewtie during the said ward and nonentrie thereof contained in the foresaid infeftment, and alsmuch for the releiff thereof, and the soume of tuenty merks money foresaid as the remaines of the soume of fyve hundreth merks money abovewritten contained in the foresaid infeftment for the mariage, when the samen shall happen, conforme whereunto the said Sir William Bruce is infeft in the saids lands, under his majesties' great seale, for payment of the saids proportionall pairts of the said taxt ward, nonentrie, releiffe and mariage dewties abovespecified; and for the saids lands of Hillend, Mortoun and Mortounhall, with the mannor place and pertinents thereof above specified, not contained in the foresaid infeftment, changing the holding from ward to taxt ward, the right and services used and wont, to be payed to his majestie and his successors for the saids lands, taxt in maner after specified, as also for the foresaids teinds of the saids lands, baronie and others abovewritten, the soume of thrie shilling[s] four pennys money foresaid yearlie, at two termes in the year Whitsonday and Mertimas be equall portions, in name of fewferme; and likewise, for payment to the ministers serving the cure at the foresaids kirks of Leswade and Penniecook and their successors ministers of the saids kirks, the dewties payable for the present for the saids teinds, according to the use and custome allenerly, and for the saids annuities of the foresaids teinds ane pennie money foresaid upon the ground of any pairt of the saids lands and barony, at the feist of Whitsonday yearlie, in name of blensch ferme if it be asked allenarlie. And moreover, our said soveraign lord, by the foresaid chartor, inregard that albeit the saids lands of Mortoun, Mortounhall and Hillend were pairts and pertinents of the said baronie of Paintland, and erect therein by the chartor and infeftment granted thereupon, under his majesties' great seale, to the said Sir John and Mr Alexander Gibsons, of the date the sexteen day of July jM vjC and fourtie-sevine, yet they were left out of the chartor of the date the fourt day of June jM vjC and sextie three, by which chartor the holding of the saids lands and baronie of Paintland, from ward to taxt ward, was changed; therefore our said soveraign lord, of his certane knowledge and proper motive, with advice and consent of the lords and others of his majesties' thesaurie and exchequer, hes changed the holding of the foresaids lands of Hillend, Mortoun and Mortounhall, with the maner place, housses, biggings and pertinents thereof, from simple ward to taxt ward, for payment of the taxt dewties aftermentioned, viz, the soume of fourty pounds Scots money yearlie, at Whitsonday and Mertimas be equall portions, during the haill space and time of the ward and nonentrie or either of them, with the like soume of fourty pound for the releiffe thereof, and the soume of fourscore pound money foresaid for the mariage of the airs and successors of the said Mr Alexander Gibson, als oft as the saids mariages should happen, for payment of which yearlie dewties and soumes of money respective above specified for the taxt availl of the said ward, nonentrie, releiffe and mariage, when it shall happen, our said soveraign lord, for himselfe and his successors, with advice and consent foresaid did, by the foresaid chartor, give, grant and dispone to the airs male and successors of the said Mr Alexander Gibson, perpetually in all time comeing, the foresaid ward, nonentrie, releiff and mariage when it shall happen in time comeing, with the haill rents, fermes, profites and dewties of the samen lands, and others abovewritten, with the pertinents, togither with all right, title, interest and claime of right which our said soveraign lord and his successor superiors thereof foresaids had, have or any wayes may have, claime or pretend to the foresaid ward, releiff, nonentrie or mariage or either of them or any pairt thereof in time comeing, because our said soveraign lord, of his certane knowledge and proper motive, with advice and consent foresaid, had changed the foresaid holding from simple ward to taxt ward, as is above and therein exprest, and his majestie doth thereby declare that it should be lawfull to the said Mr Alexander Gibson and his foresaids, or their successors succeeding to them in the right of the saids lands and uthers above written in all time comeing, to succeed to the foresaids lands and uthers above written, and to be speciallie served and retoured therintill be breives furth of our soveraign lord's chancellarie, and thereupon to be infeft, notwithstanding that the saids lands were holden be service of ward, now taxt ward as said is, and that the saids airs and successors be minors for the time, without necessitie of any other warrant or dispensation for that effect, anent which our said soveraign lord, for himselfe and his successors, dispenses for ever. As also our said soveraign lord doeth, by the foresaid chartor, provide and declare that it should be laufull to the said Mr Alexander Gibson, and his foresaids, to sell, annalyie and dispone the foresaids lands and others abovewritten holden be service of ward, as said is, in haill or in pairt or anualrents or yearlie dewties ane or mae to be uplifted furth of the samen, to whatsomever person or persons, without the consent of our said soveraign lord or his successors obtained thereto, and that without any hazard or danger of recognition or reduction upon that account, anent which our said soveraign lord, for himselfe and his successors, dispenses for ever and admitts these venditions or dispositions to be als valide as if his consent and confirmation of the samen were sought and obtained thereto, as the foresaid chartor, of the date at Whitehall, the fift day of September jM vjC and sevintie-thrie years more fully proports; togither with the precept of seasing insert in the same and instrument of seasing following thereupon, in all and sundrie heads, points, articles, circumstances and conditions contained in the said chartor, and after the forme and tenor thereof in all points. And our said soveraign lord, with advice and consent of the estates of this present parliament, statuts and ordaines the foresaid chartor containing the said new gift, erection in ane baronie and change of holding abovementioned, precept of seasing contained therein and instrument of seasing following thereupon, to stand and subsist and to be good, valide and sufficient rights to the said Mr Alexander Gibson, and his foresaids, in so farr as concernes the interest of his majestie and his succesors, and that the said change of holding, new gift and new erection and licence or dispensation to sell in maner foresaid, without the danger of recognition or reduction, shall be nowayes prejuiciall to the said Mr Alexander Gibson his infeftments and securities of the saids lands and baronie, and shall never be revocked nor quarrelled be his majestie nor his successors in time comeing. And als, with advice and consent foresaid, wills and grants and, for his majestie and his successors, decernes and ordaines that this present ratification is and shall be als valide, effectuall and sufficient to the said Mr Alexander Gibson, and his foresaids, as if the said chartor, precept of seasing contained therein and instrument of seasing following thereupon, were herein at length et de verbo in verbum speciallie insert and ingrossed; whereanent our said soveraign lord, with advice and consent of his estates of parliament, hes dispensed and, be thir presents, dispenses for ever.
[1681/7/99]*[print] [email] [cite] [preceding] [following]
Our soveraign lord and estates of parliament, presently conveened by his majesties' speciall authoritie, have ratified and approven and, be thir presents, ratifie and approve ane chartor made and granted, under his majesties' great seale, of the date the first day of August jM vjC and sevintie-nyne years, whereby his majestie gave, granted and disponed and, for him and his successors, perpetually confirmed to Alexander Mckeinzie of Garleach, his airs male and assigneyes whatsomever, heretablie and irredeemablie, all and sundrie the lands, baronie, burgh of baronie and uthers underwritten, with the pertinents, to witt, all and haill the lands of Garlearch after specified, viz, kirktoun, mannor place and yairds thereof, Sildag, three Engidalls, Mailfag, Debag, Inveraspidell, Sandicarron, Badchro, two Sandes, Erdeall, Tealdill, Clive, Tollie, two Naists, Altgrieson, Island Ewe, with the waters and salmond fishing of Kerrie and Badchro, with the halfe of the water of Ewe and salmond fishing thereof, Achichairne, Mioll and milne thereof, Udroll and the loch of Loch Marie, with the isles thereof, mannor place and yaird in Island Rorie, and the Loch Garlearch, with the fishings of the samen, togither with the forrest and pasturage and grasseings of Glasslettir and Cornicullan, with the haill pairts, pendicles, outsettis, sheallings and pertinents of the samen haill lands of Garlearch; and als, all and haill the toune and lands of Wester Logie, with the milne, croft, multures and sequells thereof, alehouse and salmond fishing of the samen, with the pendicle commonly called the lands and grasseings of Orra in the forrest of Wyess, pairts, pendicles and universall pertinents thereof; and siclike, all and haill the lands of Kinkell, Clarsach, with the tower and mannor place thereof, and the davach lands of Davachcairne, and all and haill the towne and davach lands of Davachpollo, with their haill pairts, pendicles and pertinents of the samen, all lying in the earledome and shirefdome of Ross, and unit, annexed and incorporat in ane haill and free barony, called the barony of Garlearch. And in likemaner, all and haill the said towne of Clive, which is a pairt of the said baronie made and erected in ane free burgh of baronie, with the port and shoar thereof, and priviledge of ane weekly mercat on Saturday, and ane common and publict mercat once in the year, to be holden the tuentie-nynth day of September, called Saint Michaelmes fair, for the space of four days yearlie, with all and sundrie customes, toles, anchorages and other dewties and priviledges thereto belonging, upon the said Alexander Mckeinzie his owne resignation, and by which chartor, his majestie, for good services and onerous causes, granted a novo damus of the saids haill lands, fishings, burgh of baronie and others abovespecified, with the pertinents, to the said Alexander Mckenzie, and his forsaids, and did unit and erect the samen of new againe in ane haill and free baronie, to be called the baronie of Garlearch, with ane dispensation therein for taking seasing at the said mannor place of Kinkell, or any other pairt of the saids lands for the haill lands, townes, fishings, burgh of baronie and others foresaids; to be holden of our said soveraign lord and his successors in ane free baronie, fie and heretage for ever, for payment yearlie, for the saids lands of Garlearch, comprehending the particular townes, lands, islands, fishings and others abovespecified, and for the said towne and lands of Wester Logie, milne, fishings and pertinents thereof foresaid, the rights and services used and wont and in liew and place thereof, the soume of thrie hundreth and twenty merks, at the terme of Whitsonday and Mertimas proportionally, during the ward and nonentrie when the samen shall happen, alsmuch for the releiff thereof, and the soume of sex hundreth and fourtie merks for the airs mariage, when it shall fall, whereunto his majestie was graciously pleased to tax the said ward, nonentrie, releiff and mariage respective in all time comeing; and for the saids lands of Kinkell, Davachcairne and Davachpollo, with the pertinents, the particular few ferme dewties, grasseings and others mentioned in the said chartor, whereby his majestie also declares it laufull to the airs male and assigneyes of the said Alexander Mckeinzie, and their successors, in the saids lands and others to be served and infeft therein, notwithstanding of their minoritie for the time, whereanent his majestie does dispense in all time comeing; and finallie promised, in the word of a prince, to ratifie the said chartor with the said change of holding from simple ward to taxt ward in his majesties' nixt parliament, and requires his estates of parliament to ratifie the samen accordingly, in maner at length mentioned in the said chartor, togither with the precept of seasing thereincontained and instrument of seasing following thereupon, in the haill heads, articles, clauses, tenors and contents thereof. And [also] wills and grants and, for them and their successors, decernes and ordaines that the foresaid generall ratification is and shall be als sufficient, valide and effectuall to the said Alexander Mckenzie, and his foresaids, as if the said chartor, precept and instrument of seasing were herein speciallie and at length insert; whereanent and with all other exceptions and objections that may be moved or alledged against the validitie of the said ratification, his majestie and estates of parliament foresaid, hes dispensed and, be thir presents, dispenses for ever.
[1681/7/100]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with the advice and consent of his estates of parliament, for the good, faithfull and gratefull services done and performed to his majestie and his most royal progenitors in times past by Andrew Spalding of Ashintullie and his predicessors, and for diverse other good respects and considerations moveing his majestie thereto, be thir presents ratifies, approves and perpetually confirmes to the said Andrew Spalding, and his airs and assigneyes after specified, ane chartor of the date at Whitehall, the first day of July jM vjC and sevintie-sevin years, and now exped the great seale of his highnes['s] ancient kingdome of Scotland, proceeding upon the said Andrew his own resignation and signature and warrand, under his majesties' royal hand, whereby our said soveraign lord, with the speciall advice and consent of the lords commissioners of his majesties' thesaurie and exchequer of the said ancient kingdome, gave, granted and disponed and, for his highnes and his successors, perpetually confirmed to the said Andrew Spalding of Ashintully, and airs male of his bodie, whilks failyieing to his airs male whatsoever, whilks all failyieing to his airs whatsomever and their assigneyes, heretablie and irredeemablie, all and haill the said Andrew his third pairt of the lands of Strathardell, comprehending the lands and others particularly underwritten, viz, all and haill the maines of Ashintully, townes and lands of Over and Nether Weirs, with the milne, milnelands, multures and sequells of the same, the towne and lands of Spittell, with the milne thereof, milnelands, multurs and sequells of the same, with the crofts thereof, called the Chappell Crofts, the glen, commonly called Glenbeg, towne and lands of Cammis, towne and lands of Tomyecharrow, towne and lands of Dathangane, towne and lands of Solzeries, Over and Nether Tomenamowen, Tomphin and Bellachraggan, the lands of Pitoiran, towne and lands of Easterdownie, towne and lands of Balmald, towne and lands of Ballnakeillie, Glengennat, towne and lands of Dalreoch, the townes and lands of Wester and Midle Innerchroiskies, and towne and lands of Kirktoune, commonly called Kirkhillock alias Tomlachan, with all and sundrie their towers, fortalices, maner places, woods, fishings, annexis, connexis, dependances, tennents, tennendries, services of free tennents, pairts, pendicles and universall pertinents whatsomever of the foresaid third pairt of the saids lands of Strathardell, alswell not named as named, lyand within the shirefdome of Perth, with the priviledge of ane yearlie free fair to be holden upon the ground of the saids lands of Kirktoune, commonly called Kirkhillock, or upon the ground of the saids lands of Balmald and Balnakeillie, the penult day of September, called Michaelmas fair, and ane weekly mercat, togither with the burgh of baronie of Kirktoune, vulgarly called Kirkhillock alias Tomlachan, of old erected togither, also with the advocation, donation and right of patronage of the paroch church and parochin of Kirkmichell, with the teinds, parsonage and viccarage of the samen, and which haill lands, burgh of baronie, patronage and others above disponed, with the pertinents were, by his majesties' royal grandfather, of ever blessed memorie, erected in ane haill and frie baronie, to be called the baronie of Ashintullie, conforme to ane chartor granted by his majesties' said grandfather, under his highnes['s] great seale, in favors of the deceist David Spalding of Ashintullie thereupon, of the date the tenth day of January jM vjC and fifteen years. Moreover, his majestie, for the causes abovespecified and with consent of the saids commissioners of thesaurie and exchequer, of new gave, granted, disponed and perpetually confirmed to the said Andrew Spalding, and his foresaids, the foresaid baronie of Ashintullie, comprehending the particular townes, lands, patronage, burgh of baronie, weekly mercat, yearlie fair, teinds, parsonage and viccarage and others above specified, with all right, title, interest, clame of right, propertie and possession, alswell petitor as possessor, whilks his highnes and his predicessors or successors had, have or any wayes may have, clame or pretend thereto, or to any pairt or portion thereof in time comeing, or to the maills, fermes, profites and dewties of the same, off whatsomever years or termes bygone or to come, be reason of ward, releiff, nonentrie, escheit, liferent, forfaulture, recognition, disclamation, purpresture, bastardrie, last air, reduction or any other maner of way, all which are dispensed with and renunced and transferred in their owne favors for ever cum pacto de non petendo, and with supliement of defects, faults and imperfections, alswell not named as named, whilks are held, as for exprest in the said chartor, whereby also the said towne and lands of Kirktoun, called Kirkhillock alias Tomlachan, are erected in a free burgh of baronie, called the burgh of baronie of Kirktoune, with the speciall and particular priviledges therin exprest, namely with a weekly mercat to be keeped the [...] day or any other day of the week most fitt and profitable, with two yearlie faires, whereof one to be keeped on the saids lands of Kirktoun or Balmald and Belnakeillie, the penult day of September, called Michaelmas fair, and the other the first Tuesday of [...], with the priviledges also therin exprest, and either of the said faires to continue for the space of five dayes. And farther, his majestie, with consent of the saids lords of thesaurie and exchequer, erected the haill woods, glens, hills and watersydes of the saids lands and others abovespecified, and of the other lands and others after mentioned disponed to the said Andrew Spalding, and his foresaids, by Sir Patrick Maxwell of Newwark and George Maxwell, his eldest sone, in maner after exprest, in ane haill and free forrestrie in all time comeing, to be called the Forrestrie of Ashintullie, with the priviledges specified in the said chartor; and likewise, of new erected the saids lands and others above resigned and disponed, in ane haill and free baronie, called the baronie of Ashintullie, ordaining the mannor place of Ashintullie to be the principall messuage of the said baronie, and that ane seasing to be taken thereat, or upon the ground of any pairt of the saids lands, then and in all time comeing, shall be sufficient for the haill as if ane particular seasing were taken upon each pairt and portion thereof, albeit not so done, and without respect to their discontiguitie, anent all which his majestie dispenses; to be holden the saids lands, baronie, burgh of baronie, weekly mercat, yearlie faires, forrestrie and others abovespecified to the said Andrew Spalding, and his foresaids, of our soveraign lord and his royall successors as superiors in frie baronie, burgh of baronie, free forrestrie, fie and heretage for ever, with the priviledges exprest in the said chartor, giveand yearlie the said Andrew Spalding and his foresaids to his majestie and royall successors the dewties under written, viz, for the saids townes, milnes, lands, milnelands, burgh of baronie, weekly mercat, yearlie fairs and forrestrie, with the priviledges and pertinents thereof above specified, all unit in ane baronie, as said is, the dewties, rights and services used and wont, but with the provision and condition alwayes, likeas by the said chartor it is expresslie provided and declared, and his majestie and his foresaids, with consent foresaid, decerned and ordained that, notwithstanding the saids milnes, lands, milnelands, burgh of baronie, mercat, fairs and others respective abovespecified with the pertinents, shall happen in any time comeing to fall in the hands of his majestie or royall successors, be reason of ward and nonentrie or either of them, that notwithstanding thereof, it shall be laufull to the said Andrew Spalding, his airs, successors and assigneyes, and in their power peaceablie to possess and enjoy the same, for payment of the soume of fourty pounds Scots money yearlie for the ward, alsmuch for the nonentrie, the like soume for the releiffe, and of the soume of two hundreth merks money foresaid for the mariage of the air, when they shall happen to fall out and occurr, and to which soumes the said ward, nonentrie, releiffe and mariage are, by the said chartor, taxed in all time comeing, and now as then and then as now the said ward, nonentrie, releiffe and mariage and haill benefite and casualities thereof thereby, assigned and disponed in their owne favors, for payment of the saids taxt dewties abovespecified; and the lords of his majesties' thesaurie and exchequer, thesaurers for the time being, thesaurer deput and their collectors and under receavers, his majesties' advocat and others his highnes['s] donators, inhibit and discharged from all farder troubleing, chargeing or persewing the said Andrew and his foresaids, in any time comeing, upon the account of the said ward, nonentrie, releiffe and mariage except for the taxt ward dewties above specified, and the airs and assigneyes of the said Andrew Spalding are empowered, in all time comeing, to obtaine themselves served and retoured airs in speciall to their predicessors in the saids lands and others abovementioned, by breives furth of the chancellarie and be vertue of precepts on the saids retoures, to obtain themselves infeft, notwithstanding of the nature of the holding, and that they be minors for the time, and without necessitie of any other warrand or dispensation for that effect, anent all which and with the judge and inqueist, his majestie dispenses and declares the saids services, retoures, precepts and seasings to be als sufficient as if done and exped after the saids persons their attaining of their full and perfect age of tuenty-one years compleit. And in like maner, his majestie, with consent foresaid, ratified, approved and perpetually confirmed the right and disposition of the date the elevinth and [...] dayes of July jM vjC and sevintie-four years granted by the said Sir Patrick Maxwell, and his said sone, with one consent, and als with the consent of the other persons therein mentioned, in favors of the said Andrew Spalding and his foresaids, heretablie and irredeemablie, of all and sundrie the lands and others underwritten, viz, off all and haill the townes and lands of Eister and Wester Belmacruchies, the lands and townes of Delnabrick, easter and wester, the townes and lands of Pitcarmo, easter and wester, with the cornemilne thereof, the townes and lands of Belnabroichi, with these lands called merkland, the lands of Balmoile, the townes and lands of Ballentyn, eister and wester, the townes and lands of Easter and Wester Blaittownes, the lands of Enochs, easter and wester, with the cornemilnes thereof, milnelands, multures and sequells of the same; and of all and haill the lands of Laire and Cray, the lands of Brochdarge, the lands of Corridon, with all and sundrie their housses, biggings, yairds, orchyairds, mannor places, woods, fishings, tennents, tennendries, services of free tennents, pairts, pendicles and pertinents thereof whatsomever, all lyand within the baronie of Balmacruchie and shirefdome of Perth; and siclike, off all and sundrie the lands and baronie of Newwark, with the mannor places, housses, biggings and universall pertinents belonging thereto, lyand within the shirefdome of Renfrew, and that in speciall warrandice and securitie to the said Andrew Spalding, and his foresaids, of the superioritie of the saids townes, lands and uthers above disponed, and the saids Sir Patrick and George Maxwells their right thereto in case of eviction in maner specified in the said disposition, whereby they are obleist to infeft the said Andrew and his foresaids in the saids lands and others abovewritten, principall and warrandice, to be holden of the disponers and longest livear, or ane or other of them, their airs and successors succeeding in the saids lands and estate of Newwark in frie blensch, for payment of ane pennie Scots money on the ground of any pairt thereof at Whitsonday yearlie, in name of blensch ferme if required, with the chartor following thereupon, precept of seasing therin contained and instrument of seasing following or competent to follow thereupon, in the haill heads, articles, clauses, circumstances and conditions thereof, and the said generall confirmation decerned and declared by the said chartor, under the great seale, to be als sufficient as if the disposition, chartor and seasing above confirmed wer word by word therin insert, and as if the said confirmation were granted before takeing of seasing in the saids lands and others foresaids, albeit not so done; whereanent his majestie, with consent of the saids commissionars of thesaurie and exchequer, dispenses for ever, reservand to his highnes and royall successors the blensch dewties and other dewties if any be dew and payable to them furth of the saids lands and others foresaids, principall and warrandice, contained in the originall infeftments of the same at any time before the said confirmation, with the precept of seasing contained in the said chartor, under the great seale, and instrument of seasing following thereupon, in the haill heads, articles, clauses, provisions and conditions of the said chartor, under the great seale, and seasing foresaid following on the same. And our said soveraign lord, with the advice and consent of his saids estates of parliament, decernes and ordaines this present generall ratification and confirmation of the said chartor and seasing to be als valide and sufficient, and of als great force, strength and effect, for all intents and purposes, to the said Andrew Spalding, and his foresaids, as if the said chartor and seasing were word by word herein insert, albeit not so done; whereanent and with all that may follow thereupon, or that can any wayes be objected against the validitie thereof, or any fault, nullitie and imperfection therein, our said soveraign lord, with advice and consent of his highnes['s] estates of parliament, hes dispensed and, be thir presents, for his highnes and royal successors dispenses and hereby overgives and renunces the saids nullities and imperfections and all benefite thereof in their owne favors for ever.
Protestation the marques of Athole against the before written ratification.
[1681/7/101]*[print] [email] [cite] [preceding] [following]
Our soveraign lord and estates of parliament, presentlie conveened by his majesties' speciall authoritie, have ratified and approven and, be thir presents, ratifies and approves ane chartor made and granted be his majestie, under his highnes['s] great seale, of the date at Whitehall, the twenty-one day of May jM vjC and sevinty-one years, whereby his majestie hes given, granted and disponed and, for his highnes and his successors, perpetually confirmed to David Drumond of Cultmalindie, and his airs and assigneyes whatsomever, heretablie and irredeemablie, all and haill the lands and baronie of Cultmalindie, comprehending all and sundrie the lands of Cultmalindies, easter and wester, with the mannor place, housses, biggings, yairds, orchyairds, milnes, milnelands, pairts, pendicles and haill pertinents thereof, lyand within the shirefdome of Perth, upon the said David Drumond his owne resignation, and upon consideration that inrespect the saids lands and baronie of Culmalindie are holden be the said David Drumond and his predicessors off his majestie and his successors, for payment for the saids lands of Easter Cultmalindie of sex pennies yearlie at the feist of Whitsonday, and for the saids lands of Wester Cultmalindie off halfe ane silver merk yearlie, at two termes, viz, fourtie pennies at Whitsonday and fourtie pennies at Mertimas, et faciend' servitium forinsicium,† in swa far as concernes the saids lands of Wester Cultmalindies, conforme to the old infeftments thereof, for all other burden etc., and that be vertue thereof the said David Drumond and umquhile Mr James Drumond of Cultmalindie, his father, and their predicessors and authors, have been in use these many years bygone, both in the time of his majesties' dearest grandfather King James the sexth, and in the time of his majesties' dearest father King Charles the first, of blessed memories, to pay sevin shillings and two pennies Scots money yearlie, and to receave discharges and make equies for the samen, and that the said David Drumond, now of Cultmalindie, being content to augment the said dewtie and in place thereof and of the said servitium forinsicum to pay for the samen the fewferme dewtie underwritten, in augmentation of his majesties' rentall, therefore and for diverse others good considerations moveing his majestie, our said soveraign lord, of his highnes['s] certane knowledge and proper motive, hes granted ane novo damus of the saids haill lands and baronie of Cultmalindie, comprehending as is abovewritten, with all right his majestie hes or may pretend thereto, and hes of new erected the samen in ane barony, called the baronie of Cultmalindie, ordaining the maner place thereof to be the principall messuage whereat, or upon the ground of any other pairt of the said barony, ane seasing is to be taken for the whole in all time comeing, to be holden of his majestie and his successors in free barony, fewferme, fie and heretage for ever, for payment for the saids haill lands and barony of Cultmalindie, comprehending both the saids lands of Cultmalindies, easter and wester, milnes, milnelands and pertinents of the samen abovewritten, the soume of fourty pounds Scots money yearlie, at two termes in the year Whitsonday and Mertimas be equall portions, in name of fewferme, and that in place and in augmentation of the foresaid former dewtie of sevin shilling[s] and two pennies money foresaid, and more then ever the samen was wont to pay of before to his majestie or his predicessors, the samen being sett and disponed for payment of the dewties respective above written, and for and in place of the said service called servitium forinsicum contained in the saids former chartors and infeftments, and for all other burden, exaction, question, demand or secular service whilks may be anywayes asked or required furth of the foresaids lands, barony and others abovewritten, or any pairt or portion thereof in any time comeing, in maner at length specified in the said chartor, togither with the precept of seasing therincontained and instrument of seasing following thereupon, in the haill heads, clauses, obleisments, conditions, tenors and contents thereof. And his majestie, and estates of parliament foresaid, will, decern and ordain the said generall ratification to be als valid, effectuall and sufficient to the said David Drumond, and his foresaids, as if the said chartor, precept and instrument of seasing generallie above ratified were herein de verbo in verbum insert and ingrossed; whereanent and with all other exceptions or objections that may be moved, proponed or alledged against the validitie of the said ratification, his majestie and estates of parliament, for them and their successors, have dispensed and hereby dispenses for ever.
[1681/7/102]*[print] [email] [cite] [preceding] [following]
Our soveraign lord and estates of parliament, presentlie conveened by his majesties' speciall authoritie, have ratified and approven and, be thir presents, ratifies and approves ane chartor, containing precept of seasing, made and granted be his majestie, under his highnes['s] great seale, bearing date at Whitehall, the threttieth day of September jM vjC and seventie-eight years, whereby his majestie hes given, granted and disponed and, for his highnes and his successors, perpetually confirmed to Donald Baine of Tulloch, and his airs male and assigneyes whatsomever, heretablie and irredeemablie, all and haill the towne and lands of Tulloch, extending to ane quarter of ane davach land, the lands of Drynie, all and haill the towne and lands of Bellafreis, extending to ane quarter of ane davach land, all and haill the lands of Strathskea, and forrest of Strarannoch, with the mannor place of Tulloch, housses, biggings, yeards, orchyeards, with all the pertinents of the saids lands, all and haill the milne of Insch, with the astricted multures of the townes and lands of Davachcairne, Wester Drynie, Tulloch, Bellafreis, Strathskea, Glacks, Meikle and Litle Kinardies, with the pertinents, sucken, knaveships and uther dewties and services of the saids lands dew to the said milne as astricted thereto, and dissolved from the milne of Wssie; as also, all and haill the said milne of Wssie, with the croft and alehouse thereof, togither with the astricted multurs and sucken of the lands of Drumglust, Tollie and Brachan, and all uther multurs and dewties used and wont pertaining to the said milne, lyand in the earledome of Ross, sometime within the shirefdome of Inverness and now within the shirefdome of Ross, upon the resignation of the said Donald Baine of Tulloch and Roderick Baine in Easter Drynie, respective, and whereby his majestie, for the good and many services done and performed be the said Donald Baine of Tulloch, and his predicessors, to his majestie and his predicessors, and for certane uther onerous causes, good respects and considerations moving his majestie thereto, of his highnes['s] certane knowledge and proper motive, hes granted ane novo damus of the foresaids haill lands, milnes, forrests and uthers abovewritten with the pertinents, with all right his majestie hes or may pretend thereto, and hes erected the samen in ane free barony, called the baronie of Tulloch, ordaining the mannor place thereof to be the principall messuage whereat, or upon the ground of any uther pairt of the said baronie, ane seasing is to be taken for the whole in all time comeing; to be holden of his majestie and his successors in free baronie, fie and heretage for ever, for payment for all and sundrie the foresaids townes and lands of Tulloch, Bellafreis, Strathskea and forrest of Strarannoch, with the mannor place of Tulloch, housses, biggings, yairds, orchyairds and pertinents of the foresaids haill lands, and for all and haill the said milne of Insch, with the astricted multures of the saids townes and lands of Davachcairne, Wester Drynie, Tulloch, Bellafreis, Strathskea, Glacks, Meikle and Litle Kinardies, with the pertinents, sucken, knaveships and uther dewties and services of the said lands dew to the said milne as astricted thereto, and dissolved from the milne of Wssie, as also, for all and haill the said milne of Wssie, with the croft and alehouse thereof, togither with the astricted multures and sucken of the saids lands of Drumglust, Tollie and Brahan, and all uther dewties and multures used and wont pertaining to the said milne, all lyand as said is, the soume of eighteen pounds, four shilling[s] usuall Scots money at the feasts of Whitsonday and Mertimas be equall portions, togither with four bolls bear and meall, togither also with ane mairt and two reik henes, at the termes used and wont in name of few ferme, and the airs of the said Donald Baine of Tulloch dowbling the said fewferme dewtie the first year of their entrie to the saids lands, as use is, and building and upholding upon the saids lands ane sufficient mansion, with haill chamber, kitchen, barne, byre, yairds, orchyairds, dowcats and uther ornaments necessar corresponding to the ground, and for all and haill the foresaids lands of Easter Drynie, with the pertinents, the rights and services used and wont, and in place thereof the taxt ward dewties respective underwritten, viz, the soume of tuelve pounds Scots money yearlie, at the termes of Whitsonday and Mertimas be equall portions, during the ward and nonentrie, alsmuch for the releiff and the soume of twenty-four pounds money foresaid for the mariage of the air, when and how oft soever the samen shall happen to fall, whereunto his majestie has been graciously pleased, be the said chartor, to tax the said ward, nonentrie, releiff and mariage respective of the saids lands of Easter Drynie, in all time comeing, and with dispensation to the airs to enter to the saids lands, notwithstanding of their minoritie, in all time thereafter, and whereby his majestie promised in verbo principis to ratifie the said chartor and infeftment containing the said change of holding from simple ward to taxt ward, in his majesties' nixt parliament, and required the estates of parliament to ratifie the samen accordingly, in maner at length specified in the said chartor, with the precept of seasing therin contained and instrument of seasing following thereupon, in the haill heads, clauses, obleissments, conditions, tenors and contents thereof. And his majestie and estates of parliament foresaid, wills, decernes and ordaines the said generall ratification to be als valide, effectuall and sufficient to the said Donald Baine of Tulloch, and his foresaids, as if the said chartor, precept and instrument of seasing generallie above ratified were herein de verbo in verbum at length insert and ingrossed; whereanent and with all uther exceptions or objections that may be moved, proponed or alledged against the validitie of the said ratification, his majestie and estates of parliament, for them and their successors, have dispensed and hereby dispenses for ever.
[1681/7/103]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with advice and consent of the estates of parliament now presently conveened, ratifies and approves and, for his majestie and his successors, perpetually confirmes the gift and concession granted be the provest, baillies, councill and deacons of crafts of the burgh of Edinburgh, under their seale of cause, off the date at Edinburgh, the tuenty-sexth day of Junii jM vjC and seventie two years, whereby, after consideration of the two supplications therein mentioned, one thereof given in be the deacon and incorporation of the walkers, and the other be James Brown, hatmaker, for himselfe and in name and behalfe of the rest of the hatmakers of the said burgh, both craveing that the said trade of hatmakers might be unit to and incorporat with the said trade and incorporation of walkers in one body and incorporation, the saids provest, baillies, councill and deacons of crafts gave, granted and concedit the particular articles, priviledges and immunities aftermentioned (with the express provisions specified in the said gift): first, that the said trade, airt and handicraft of making of hats within the said burgh should be united and incorporat with the said calling and trade of the walkers in time comeing; likeas the said councill, be their foresaid gift, did unit, annex and incorporat the freemen of the said incorporation of walkers and the then present hatmakers of the said burgh, viz, the said James Brown, first effectuall mover of the said design, George Anderson, James Thomson, Robert Brown, Thomas Huntar, David Gray, Thomas Thomson, James Guthrie, Alexander Dowglas and William Thomson, and their successors respective in their saids airts, into one body and incorporation togither perpetually in all time comeing, to be called, termed and denominat the incorporation of the walkers, with power to them, as ane body and incorporation, to meet, sitt, act, vote and conclude in the election of their deacons and officers of the said calling of walkers, and in all other things relateing to the good of the said incorporat callings. Item, did make, constitut and creat the foresaids persons, then present hatmakers and their successors in all time comeing, judges in the tryall and qualifications of intrant hatmakers, conforme to the provisions underwritten. Item, in respect that the saids trades of walkers and hatmakers are unit unto one bodie, therefore the councill declared that the members freemen of the saids callings should indifferently be capable of being leited deacons and should be capable of being elected deacons and other officers of the said calling consisting of walkers and hatmakers. Item, that inrespect in all time comeing the hatmakers of the said burgh were to be under the rule and government of one deacon and incorporation, and that every one should not have libertie as formerly at his owne hand without previous tryall of his qualification to exerce the said trade of making of hates within the said burgh and liberties thereof, therefore the councill, be the said gift in all time comeing, prohibited and discharged all and whatsomever persons (except the persons whose names are particularly before exprest) to exerce and profess the said airt and trade of making of hatts within the said burgh and liberties thereof, without they wer laufullie admitted and receaved freemen of the said incorporation by the foresaids persons then present hatemakers, and their successors in their trade, conforme to the following provisions: excepting alwayes such persons hatmakers who, by vertue of the act of parliament in favours of manufactories, had sett up before the date of the said gift, and actuallie exerced the said trade of making of hatts as masters of the said calling within any of the liberties of the good towne. Item, the magistrats of the said burgh then present and to come wer to give concurrance to the present deacon and his successors for apprehending all unfreemen of the said calling, and the halfe of the penalties that they should inflict upon the said unfreemen, and of all penalties and fynes that they should happen to exact from the members of the said calling, wes to be applied to pious uses at the discretion of the magistrat, and the other halfe to belong to the poore of the saids callings. Item, that no freemen of the said trade of hatemakers should make unsufficient hatts under the pain of escheit. Item, that the time that ane prentise should serve to any freeman of the said trade of hatsmaking should not exceed seven years. Item, that no freeman of the said calling should take ane prentise bot once in three years, except they wer burges['s] sones, and that they should be booked in the dean of gild's books, conforme to the custome of prentises of other crafts within the said burgh. Item, that non of the saids freemen of the said trade should take another man's servant without ane reasonable cause. Item, that no freeman of the said trade of hatsmaking cullor any other unfreemen to work in the said trade. Item, that no freeman of the said calling dwell or work without the towne of Edinburgh, in no time comeing, except they should be licenciat be the deacon and incorporation, [and] with and under severall provisions mentioned and insert in the said gift, which are thereby declared to be holden as a pairt thereof in all time comeing, and whilks articles abovewriten, being so qualified, cautioned and secured by the saids provisions, the councill found the samen just, laufull and for the common weell of the said burgh, and therefore ratified and approved the samen, in the haill clauses and circumstances thereof, and interponed their authoritie thereto and decerned them to be observed and keeped in all time comeing, and that the magistrats of the said burgh, then present and to come, should give concurrance to the officers of the said burgh to put the same to execution in all points, against the contraveenars and brakers thereof, and consented that the said deacon and bretheren of the incorporation of the walkers consisting, as said is, of walkers and hatmakers, sute and obtain ane ratification of the said gift to be past in parliament, as the said gift and concession of the date foresaid, under the seale of cause of the said burgh, more fully bears, togither with ane act of the councill of the burgh of the Cannongate, whereby the baillies and thesaurer thereof doe approve of the said hatmakers dwelling within the Cannongate and Leithwynd their willingnes to incorporat with the said trade of walkers and hatmakers of Edinburgh, and for encouragement to them interpones their authoritie to all and whatsomever acts, articles and agreements should be thought convenient which wer to be condiscended on amongst them for the good of the said trade, with the provisions, declarations and exceptions mentioned in the said act, as the samen of the date, the tuenty-eight day of June jM vjC and sevinty-three yeirs at more length proports, in all and sundrie heads, points, clauses, articles, circumstances, provisions and conditions whatsomever contained in the said gift, and in the said act of councill of the Cannongate approveing thereof, after the forme and tenor of the samen in all points. And his majestie wills and grants and, for his highnes and his successors, decernes and ordaines that this present ratification is and shall be als valide, effectuall and sufficient, in all respects, to the said trade and incorporation of walkers, consisting of walkers and hatmakers as said is, present and to come, as if the foresaid gift or seale of cause and act of councill of the Cannongate approving thereof, wer herein at length de verbo in verbum insert and ingrost; whereanent our said soveraign lord, with advice and consent foresaid of the saids estates of parliament, for his majestie and his successors, hes dispensed and, be thir presents, dispenses for ever.
[1681/7/104]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with the advice and consent of the estates of parliament, considering the good and faithfull services done and performed to his majestie and most royall progenitors, alswell in time of warr as peace, by Mr Roderick Mckenzie of Findone, shireff deput of Ross, therefore our said soveraign lord, with advice and consent foresaid, be thir presents ratifies, approves and perpetually confirmes to the said Mr Roderick Mckenzie, and his airs male and of tailyie afterspecified, and their assigneyes, ane chartor made and granted by our said soveraign lord, with consent of the lords commissionars of his majesties' thesaury and exchequer, under his majesties' great seale of this his ancient kingdome, of the date at Whitehall, the threttie day of September jM vjC and sevinty-eight yeirs, whereby his majestie, with consent foresaid of his highnes['s] commissionars of thesaurie and exchequer, gave, granted, disponed and perpetually confirmed to the said Mr Roderick Mackeinzie, late of Kilmuir, now of Findone, and the airs male laufullie procreat or to be procreat of his bodie, whilks failyieing to his eldest daughter or air female, without division, marying a gentleman of the name and family of Mckeinzie, or one who will assume the name and armes thereof, and airs male or female of the said daughter's bodie, whilks failyieing to the nixt daughter and so furth downward, whilst there is a daughter or air female of the said Mr Roderick his bodie and their airs, all still in the termes above exprest, whilks all failyieing to his other airs whatsomever and their assigneyes, heretablie and irredeemablie, all and haill the lands of Meikle Findone, and pendicles thereof called Baddranie, Bellayeell and Techeat, with the milnes, milnelands, multurs and sequells thereof, with the alehouse and alehouse croft, and all and sundrie housses, biggings, yairds, tofts, crofts, woods, fishings, mosses, muirs, mareshes, offices, priviledges, pasturages and universall pertinents thereof whatsomever, lyand within the parochin of Urquhart and shirefdome of Ross; all and haill the tuo davach lands of Kilbockie, with the alehouse thereof, mannor place, housses, biggings, yairds, lands called the Outfield and Infield, tofts, crofts, loanings, girnalls, mosses, muires, mareshes, pasturages, priviledges, pairts, pendicles and universall pertinents thereof pertaining, or that is or shall be known to appertain and belong to the same. As also, all and haill the milne of Culbokie, milnecroft, multurs, sequells, sucken and knaveship thereof, togither with the thirlage and astriction to the said milne in all time comeing, and the towne and davach lands of Drumeiddan, with multurs, sequells, sucken and knaveship thereof, according to use and wont, all lyand within the parochin of Urquhart and Cullicudden respective and shirefdome foresaid, and that for the principall; and siclike, all and haill the towne and lands of Drumcharden, extending to ane davach and halfe davach lands, with the alehouse and alehouse croft thereof, housses, biggings, yairds, tofts, crofts, woods, fishings, pasturages, grassings, pairts, pendicles and universall pertinents of the same whatsomever; as also, the just and equall halfe of the milne of Holme, with the halfe of the milnelands, multures, sequells and knaveship of the towne and lands of Drumcharden, Rienduy, Holme and Craggach, with their pertinents, as the sucken and thirlage of the said milne, lyand within the baronie of Drumcharden and Bewfford, and shirefdome of Inverness. And likewise, all and haill the towne and lands of Kingilie, extending to thrie quarters or fourt pairts of ane davach land, with the alehouse and alehouse croft thereof, milne, milnelands, multures and sequells of the same, with the fishings and yair, called Corrislowack, and other fishings, alswell in fresh as saltwaters, and with all and sundrie housses, biggings, yairds, woods, pasturages, grassings, mosses, muirs, mareshes and pertinents thereof whatsomever, lyand within the lordship of Lovatt and shirefdome of Inverness foresaid. And all and haill the towne and lands of Kilack, extending to ane quarter or fourt pairt of ane davach land, with the multures, housses, biggings, yairds and pertinents thereof whatsomever, lyand within the baronie of Aird and shirefdome of Inverness foresaids, and that in reall warrandice and securitie of the saids lands and others principallie above disponed, with the pertinents, in case of eviction in haill or in pairt and effierand thereto, all resigned in our said soveraign lord his commissioners of the thesaurie and exchequer their hands by vertue of Hugh Monroe, late of Findone, now of Swardell, Sir John Monroe of Foulles and the said Mr Roderick Mckeinzie their respective procuratories of resignation granted for that effect, togither with the clause de novo damus of the saids lands, milnes, mosses and others particularly and generallie therin exprest in favors of the said Mr Roderick, and his foresaids; and erection of the said Midletoune of Kilbockie in ane free burgh of baronie to be called, the burgh of baronie of Findone, with ane weekly mercat and yearlie fair, tolles, customes, privilege of chooseing baillies and other members of court and other priviledges and immunities therein exprest, togither also with the disunion of the saids haill lands and others foresaids frae all baronies, lordships and earledomes whereof they wer a pairt, and annexation of the same in ane free baronie, called the baronie of Findone, and appointing the mannor place of Findone to be the principall messuage of the said baronie, and ane seasing to be taken thereat or on the ground of any pairt of the lands of Findone, to be sufficient for the whole; and likewise, for the saids warrandice lands to be holden of our said soveraign lord, and his royall successors as superior, in fie heretage, frie burgh of baronie, frie blensch, fewferme and taxtward for ever, with the priviledges of baronie and others therein exprest, and for payment for the saids lands of Culbokie and remanent lands and others belonging thereto, and for the saids lands and others disponed in reall warrandice, and for the said burgh of barionie, weekly mercat and yearlie fair, the few dewties, blensch dewties and other dewties contained in the said chartor, and for the saids lands of Meikle Findone, pendicles and pertinents thereof thereof† foresaids, the rights and services used and wont, but with this condition and provision alwayes, likeas by the said chartor, it is provided and declared and our said soveraign lord, for the causes abovementioned thereby, wills, declares and ordaines that, albeit the saids lands, milne and others foresaids, with the pertinents or any pairt thereof, should fall in the hands of his majestie or royall successors as superiors hereof, by reason of ward and nonentrie or either of them that, notwithstanding thereof, it shall be laufull to the airs and successors of the said Mr Roderick Mckenzie, peaceablie to possess and enjoy the same, and intromett with and uplift the haill maills, fermes, caines, customes, casualities, profites and dewties thereof, and thereupon to use and dispon at pleasure in all time comeing, for payment to our said soveraign lord and his royall successors, of the soume of fiftie merks usuall money of the said kingdome of Scotland yearlie, during the ward, als much for the nonentrie, the like soume for the releiff, and of the soume of ane hundreth and tuenty merks money foresaid for the mariage of the air, when the same shall happen, and to which soumes his majestie, with consent of his highnes['s] commissionars of thesaurie and exchequer, hes by the said chartor taxed the said ward, nonentrie, releiff and mariage in all time comeing, and then, as if the same had already fallen out and occurred, and for the causes abovespecified, his highnes, with consent foresaid, gave, granted and disponed the same and haill benefite and profite thereof to the said Mr Roderick, and his foresaids, in all time comeing, for payment of the taxt dewties above exprest, inhibiting and discharging thereby the lords of his majesties' thesaurie and exchequer, thesaurer deput and their collectors and under receavers, his majesties' advocat and others his ministers of the said kingdome, from all farder troubleing, molesting, chargeing or persewing the said Mr Roderick, and his foresaids, or move any action, plea or question against them be reason of the said waird, releiff, nonentrie and mariage, or either of them, except for the taxt dewties abovespecified, and have granted commission to the airs and successors of the said Mr Roderick, in all time comeing, to obtain themselves† as airs in speciall to their predicessors in the saids lands and others foresaids, holdin ward and taxt as said is, and that by breives furth of the chancellarie, notwithstanding they hold taxt ward and that they be minors for the tyme, and without necessity of any other warrand or dispensation for that effect; whereanent and with the saids services, retoures, precept thereon, seasings on the same and with the judges and inqueist for serving his majestie, with consent foresaid, for him and his successors, by the said chartor, dispenses for ever, and declares the same to be als valide and sufficient as if all wer done after their tuenty-one years compleit, togither in like maner with the ratification contained in the said chartor, of the disposition made by way of contract by the deceist Sir John Urquhart of Cromartie, with consent of the persons therinmentioned, dated the tuentie-fifth day of July jM vjC and sevintie-sex yeirs, in favors of the said Mr Roderick Mckenzie, his airs and assigneyes thereinspecified, heretablie and irredeemablie, of the towne and davach lands of Wester Culboe, outfield lands, infield lands, parsonage teinds thereof included, heretable priviledge and a tolleration of moss and muirs and remanent priviledges and pertinents therein exprest, and of the heretable and sole deputation of the bailliarie of the saids lands and others foresaids, alswell in civills as criminalls priviledges and casualities of the same therein exprest, and that as principall, and of the towne and davach lands of Meikle Farnes, the parsonage teinds and pertinents thereof, lyand within the parochin of Cromartie and shirefdome thereof, in reall warrandice of the saids lands of Culboe, teinds, office and others principallie abovedisponed, in case of eviction, to be holden of the said Sir John and his successors in fie and heritage for payment of the dewties therin exprest, with the chartor following thereupon, dated the tuenty-nynth day of September thereafter, and seasing following on the same; and confirmation of the said right granted by John, bishop of Ross, with consent of the dean and chapter, to the said Mr Rorie and his foresaids, the said year, togither with the chartor, rights and securities granted by John Mckeinzie of Aplecroce, and his sone, and Sir Normand McLeod of Barnerae, to the said Mr Roderick and his foresaids, heretablie and irredeemablie, of the towne and lands of Urquhart, with the milne, multurs and pertinents thereof, and of Litle Findone, with the pertinents, lyand within the parochin of Urquhart, bishoprick of Ross and shirefdome foresaid of Ross, and chartors of resignation and confirmation granted by the said John, bishop of Ross, with consent foresaid, to the said Mr Roderick and his foresaids, and of all other chartors and rights granted by his predicessors bishops of Ross to the said Mr Roderick, his authors thereupon, precepts of seasings contained in the saids rights and seasings following thereupon; and siclike, the rights and disposition of the teinds of all the saids lands resigned and confirmed with the pertinents granted to the said Mr Roderick, and his authors, and indentors past betuixt him and his authors, and the said Sir John Urquhart and John Urquhart of Kanbeachie, and their authors and their nighbours for setleing the merches, of all the saids lands and others foresaids of whatever dates, tenors and contents the saids chartors, rights and indentors be of. And his majestie wills and declares, by the said chartor, that the foresaid generall confirmation be als valide as if all the saids rights were therein particularly insert, and as if the said confirmation were granted before taking of seasing of the saids lands and others foresaids, and before the year jM vC [and] eightie sevine, anent all which his majestie dispensed for ever, saveand and reserveand, to our said soveraign lord and his royall successors, the fewdewties and other dewties, if any be dew and payable to them, furth of the saids lands and others foresaids, and contained in the originall rights of the same before the said confirmation, togither also with the precept of seasing contained in the said chartor granted by his majestie to the said Mr Roderick Mckeinzie, and his foresaids, as said is, and instrument of seasing following thereupon, and als, be thir presents, ratifies, approves and confirmes the disposition and other rights granted be the said Sir John Urquhart and Johnathane Urquhart, his sone, or either of them, of the saids lands of Wester Culboe, teinds, office, priviledges and pertinents thereof abovespecified, in favors of the said Mr Roderick Mckeinzie, and his foresaids, to be holden of the superiors, precepts of seasing therincontained, and instrument of seasing following thereupon, in the haill heads, articles and clauses thereof. And our said soveraign lord, with consent of his estates of parliament, wills, decernes and declares this present ratification to be als valide and sufficient, and of alse great force, strenth and effect, to all intents and purposes, to the said Mr Roderick Mckenzie, and his foresaid, as if the said chartor and seasing, and other rights above ratified, wer word by word herein insert, albeit not so done; wheranent and with all that may follow thereupon or that can any wayes be objected against the validitie thereof, and with all defects, nullities and imperfections in the saids rights above confirmed and ratified, our said soveraign lord, with consent of his estates of parliament, hes dispensed and for his highnes and royall successors, be thir presents, dispenses for ever. And further, our said soveraign lord, with consent foresaid of his estates of parliament, be thir presents gives, grants, dispones to and conferrs upon the said Mr Roderick Mckenzie, and his foresaids, in all time comeing, two yearlie free fairs to be holden and keeped on his saids lands of Midletoun of Kilbockie, the one to begin on the thrid Tuesday of June, and the other on the thrid Tuesday of October, and either of the saids fairs to continue for the space of four dayes, and that for buying and selling of horse, nolt, sheep, skine, hyde, tallow, butter, cheese, lining, plaiding, lining-yairn, plaid wooll, wollin cloath, wyne, walx, daills and all other kynd of timber, cloath, broad and narrow, of whatsomever colour or kind, victuall of all sorts, and all other kind of goods and merchandizeing commodities whatsomever, alswell not named as named, foraign as native, and with power to them to appoint baillies, clerks, officers and other members of court requisit for the better government and managment of the saids faires and, for whose administration, they are to be answerable, and to punish transgressors, according to law, and to uplift tolles and customes of all goods comeing to the saids faires yearlie, and dispose thereupon at pleasure and to doe and performe every other thing relating to the saids yearlie faires, siclyke in the same maner and als freely and fully in all respects, and to all intents and purposes, as any free burgh royall or heretors havers of yeirlie free faires have done, does or may doe in the like cases, at any tyme bygone or to come, be vertue of their particular gifts, rights and infeftment, payand therefore yearlie to his majestie and royall successors ane peny Scots money, at the feist of Whitsonday yearlie, when required, and administrating justice to all his majesties' subjects and others comeing to the saids faires, which are granted over and above the former fair conferred by his majestie on the said Mr Roderick Mckenzie and his foresaids.
[1681/7/105]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with advice and consent of his estates of parliament, considering the loyaltie of and good service done be William Duff, his majesties' chamberlane in the earledome of Ross, lordship of Ardmannoch, baronie of Delnie and milnetoun of Meddat, to the crown, therefor his majestie, with consent of his saids estates of parliament, be thir presents ratifies, approves and perpetually confirmes to the said William Duff, his airs and assigneyes whatsomever heretablie, ane chartor of the date at Whitehall, the eight day of June jM vjC and eightie-one years instant, proceeding upon a signature, under his majesties' royall hand, whereby our said soveraign lord, with consent of the lords commissionars of his majesties' thesaurie and exchequer of his ancient kingdome of Scotland, gave, granted, disponed and perpetually confirmed to the said William Duff, and his foresaids heretablie, all and haill and all and sundrie the lands and others aftermentioned, viz, all and haill the towne and lands of Drumcudden, with the priviledge of ane alehouse used and wont, and with all and sundrie housses, biggings, yairds, orchyairds, tofts, crofts, pairts, pendicles, mosses, muirs, pasturages and universall pertinents thereof, lyand within the said barony of Delnie, lordship of Ardmannoch and shirrefdome of Inverness, and now within the shirefdome of Ross, of new erect and bounded in maner more fully specified in the said chartor. As also, all and haill the lands of Meikle Allen and Drummeddat, with housses, biggings, yairds, orchyeards, grassings, parks, woods, meadows, marishes, mosses, muirs, pasturages and universall pertinents thereof, pertaining and belonging to the saids lands, or that anywayes shall be found to appertain and belong thereto, lyand within the baronie, lordship, earledome and shirefdome of Ross foresaids, and whilks haill lands and others above specified pertained heretablie of before to the persones mentioned in the said chartor, and fallen and become in his majesties' hands and at his highnes['s] gift and disposition, be vertue of two severall decreits of reduction and improbation obtained at the instance of the said William Duff, as chamberlen foresaid, and of his majesties' advocat for his highnes['s] interest, against the saids persons, before the lords of councill and session, the sixteenth day of November jM vjC and sevintie eight and the tuentie-sexth day of June jM vjC and eightie years, and both of the saids decreits, for not payment of the fewdewties due to his majestie as superior furth of the saids lands and others foresaids, be the rights and infeftments thereof, and likewise for not production of the saids rights and infeftments; and our said soveraign lord, with consent of the saids lords commissioners of his highnes['s] thesaurie and exchequer, dissolved the propertie of the saids lands and others foresaids fra the crowne, and willed, decerned and declared the same to appertain and belong to the said William Duff, and his foresaids, as their owne proper heretage, ever since the obtaining of the saids decreits of reduction and improbation, and heretablie in all time comeing, and accepts and receaves the said William Duff, and his foresaids, in immediat, heretable tennents and vassells to his majestie and royall successors in the saids lands and others foresaids for the future, and constituts them his majesties' assigneyes to the maills, fermes, caines, customes, casualities, profites and dewties of the saids lands, alehouse and alehouse crofts with the pertinents since the dates of the saids respective decreits, and in time comeing, with the saids decreits themselves and fewdewties, for which pronunced and all action thereupon competent, with full power to them to intromett with and uplift the saids maills, dewties and casualities aboveassigned from the tennents and possessors of the saids lands and others foresaids intromettors therewith, and to persue therefore, sett and raise tennents, use warning, prosecute, removeing and to doe what else the heretors and others haveing right to the saids lands and others foresaids might have done in the premisses before the said eviction, or as his majestie might doe therein at any time sincesyne, and decernes and ordaines ane seasing to be taken by the said William Duff, and his foresaids, in all time comeing, at the mannor place or duelling house of Drumcudden, or on the ground of any pairt of the lands thereof or of the other lands abovespecified, to be sufficient for the whole, notwithstanding of their discontiguitie and without respect to any other place designed by the originall rights and infeftments of the same for taking of seasing; anent all which his majestie, with consent foresaid, dispenses [and] to be holden the saids haill lands, alehouse and others foresaids, with the pertinents, to the said William Duff and his foresaids, heretablie of our said soveraign lord and his royall successors, as superiors, in fie and heretage for ever, by all rights, meithes and merches of the same old and divised, and as the samen lyes in length and breadth, and with the other priviledges particularly and generallie mentioned in the said chartor, giveand therefore yearlie, the said William Duff and his foresaids, to his majestie and royall successors, superiors abovespecified, the fewdewties and other dewties mentioned in the said chartor, and at the termes of payment therin exprest, all herein holden as for exprest brevitatis causa. And further his majestie, with consent foresaid, ratified, approved and perpetually confirmed to the said William Duff, and his foresaids, the saids two decreits of reductions and improbation with the summonds and executions thereof, acts and remanent grounds and warrands whereupon the same proceeded, in the haill heads, articles and clauses thereof, and willed, decerned and declared the said generall confirmation to be als valide and sufficient and of als great force, strength and effect, to all intents and purposes, as if the saids decreits, summonds, executions, grounds and warrands thereof were word by word insert in the said chartor, and that the production of the saids decreits and chartor abovewritten, in all judgments and actions, yea in improbations themselves, to be als valide and sufficient as if the said summonds, executions, acts and warrands were therewith produced, albeit not so done, and notwithstanding the saids summonds, executions, acts and other warrands be hereafter lost and destroyed; whereanent and with all that may follow thereupon, or that can anywayes be objected against the said chartor, his majestie, with consent foresaid, dispensed for ever, togither with the precept of seasing contained in the said chartor and instrument of seasing following or competent to follow thereupon, in the haill heads, articles and clauses thereof. And our said soveraign lord, with consent of his saids estates of parliament, be thir presents decernes and ordaines this present generall ratification to be als valide and sufficient and of alse great force, strength and effect to the said William Duff, and his foresaids, for all intents and purposes, as if the said chartor and seasing were word by word herein insert, albeit not so done; whereanent and with all nullities, wants and imperfections of the said chartor, his majestie, with consent of his estates of parliament, be thir presents dispenses for ever. And of new hereby, for the causes abovespecified, dissolves the propertie of the saids lands and others foresaids from the crown and likewise of new gives, grants and dispones the same in favours of the said William Duff, and his foresaids, heretablie as said is, to be holden of his majestie and royall successors, as superiors, for payment of the dewties above exprest.
[1681/7/106]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with advice and consent of the estates of this present parliament, ratifies and approves and, for his majestie and his successors, perpetually confirmes the chartor and infeftment granted be our said soveraign lord, with advice and consent of the lords and others of his majesties' thesaurie and exchequer of the kingdome of Scotland, to the deceist Francis Hay of Balhoussie, and the airs male then laufullie to have been gotten of his owne body, which failyeing to Thomas Hay, now of Balhoussie, his brother german, and the airs male laufullie to be procreat of his body, which also failyeing to George Hay, his other brother germane, and the airs male laufullie to be procreat of his body, which also failyeing to return to the airs and assigneyes whatsomever of the said deceist Francis Hay, heretablie and irredeemablie, of all and haill the lands and barony of Balhoussie, with the tower, fortalice, mannor place, housses, biggings, yairds, orchyeards, dowcats, milne, milnelands, multures and sequells thereof, annexis, connexis, salmond fishings and other fishings, tennents, tennandries, service of free tennents, pairts, pendicles and pertinents of the samen whatsomever, lying within the parochin and shirefdome of Perth, which chartor containes a new gift of the haill lands, baronie, tower, fortalice, dowcat, milne, milnelands, multurs, tennents, tennandries, service of free tennents and others aboverehearst; and ane new erection thereof in ane haill and free baronie to be called, in time comeing as it was formerly, the baronie of Balhoussie, whereof the tower, fortalice and mannor place of Balhoussie is ordained to be the principall messuage; to be holden of our said soveraign lord in frie baronie, taxt ward, fie and heretage for ever, and with ane change of the holding of the foresaids lands and baronie from simple ward to taxt ward for payment of the taxt dewties aftermentioned, viz, for the ward and nonentrie of the saids lands and barony and others aboverehearst, ane hundreth pounds usuall Scots money yearlie, during the haill time of the said ward and nonentrie, and alsmuch for the releiff, and the soume of ane thousand merks money foresaid for the mariage of the air, when it shall happen, to which soumes of money respective foresaid his majestie, of his certane knowledge and proper motive, with advice and consent of the saids lords commissionars of his majesties' thesaurie and exchequer, did tax the said ward, nonentrie, releiff and mariage of the saids lands and baronie of Balhoussie in all time thereafter, inhibiting the commissioners of his majesties' thesaurie, his majesties' thesaurers, principalls and deputs, their sub collectors, his majesties' advocat, and all others his majesties' donators, from all molesting, troubleing, calling or persewing of the airs male, of talyie or assigneys of the said deceist Francis Hay, or his foresaids, for the said ward, nonentrie, releeff and mariage respective, or any of them, beyond the taxt dewties aboverehearst, in maner specified in the foresaid chartor, whereby it is declared that it should be laufull to the airs male and of tailyie, and assigneyes foresaids, in all time thereafter, to enter to the lands, baronie and others foresaids, and to procure themselves speciallie served, retoured and seased by breeves furth of our soveraign lord's chancellarie, notwithstanding that the saids lands and baronie are holden ward and now taxt ward, and albeit the saids airs and successors be minors for the time, without necessitie of craveing any other warrand or dispensation for that effect; whereanent and with all that might follow thereupon, his majestie, for himselfe and his successors, hes dispensed for ever, as the foresaid chartor, of the date at Whitehall, the twenty-second day of July jM vjC and sevinty-three years more fully proports; togither with the precept of seasing insert in the same and instrument of seasing following thereupon, in all and sundrie heads, points, articles, circumstances and conditions contained in the said chartor, and after the forme and tenor thereof in all points. And our soveraign lord, with advice and consent of his estates of parliament, statuts and ordaines the foresaid chartor, containing the foresaid new gift, new erection in ane baronie and change of holding abovementioned, precept of seasing contained therein and instrument of seasing following thereupon, to stand and subsist and to be good, valide and sufficient rights to the said Thomas Hay of Balhoussie, and his foresaids, in so far as concerns the interest of his majestie and his successors, and that the said change of holding, new gift and new erection shall be nowayes prejudiciall to the said Thomas Hay, now of Balhoussie, his infeftments and securities of the saids lands and baronie, and shall never be revocked nor quarrelled be his majestie nor his successors in time comeing. And als, with advice and consent foresaid, wills and grants and, for his majestie and his successors, decernes and ordains that this present ratification is and shall be als valide, effectuall and sufficient to the said Thomas Hay, and his foresaids, as if the said chartor, precept of seasing contained therein and instrument of seasing following thereupon, were herein at length et de verbo in verbum speciallie insert and ingrossed; whereanent our said soveraign lord, with advice and consent of his estates of parliament, hes dispensed and, be thir presents, dispenses for ever.
[1681/7/107]*[print] [email] [cite] [preceding] [following]
Our soveraign lord and estates of parliament, presently conveened by his majesties' speciall authoritie, hereby ratifies, approves and, for his majestie and his highnes['s] successors, perpetually confirmes the chartor, donation, disposition and precept of seasing therin contained, made, given and granted be his majestie, with advice and consent of the commissioners of his majesties' thesaurie and exchequer, in favors of Robert Pringle of Cliftoun, his airs and assigneyes whatsomever, heretablie and irredeemablie, off all and haill the lands and others underwritten, whilks are propper pairts and pertinents of the fourtie pund land and baronie of Cliftoun, to witt, off all and haill these fyve merk and halfe merk lands of Cliftoun, with housses, biggings and pertinents thereof, lyand on the east syde of Cliftoun, disponed by umquhile George Pringle of Torwoodlie to umquhile Andrew, alias Dand Pringle, elder of Hownam; as also, of all and haill these other fyve merk and halfe merk lands in Cliftoun, with housses, biggings and pertinents thereof, lyand on the eist syde of Cliftoun, sometime occupied and possest be the said umquhile Andrew, alias Dand Pringle, elder of Hownam; as also, of all and haill that piece of land there called Hogsbank, with pairts and pertinents thereof, sometime occupied and possest be the said umquhile Andrew, alias Dand Pringle and his tennants, all sometime pertaining to the said umquhile Andrew, alias Dand Pringle, and disponed by him, with consent of umquhile Cristian Davidson, his spouse, and Andrew Pringle, their eldest laufull sone, to umquhile Mark Pringle, his airs and assigneyes heretablie; and siclike, of all and haill these fyve pound lands of old extent of Cliftoun underwritten, to witt, of all and haill the fiftie shilling land of old extent, of the ten pund land of old extent of Cliftoun, lyand on the east syde thereof, sometime pertaining to umquhile Ninian Glendoning of that ilk, and annalyied by him, with consent of umquhile Janet Dumbar, his spouse, and John Glendoning, their sone and appeirand air, to umquhile John Pringle, gudsir to John Pringle, now portioner of Cliftoun; and siclyke, off all and haill these other fiftie shilling lands of the fourt pairt of the saids lands of Cliftoun, sometime pertaining to the said umquhile George Pringle of Torwoodlie, and sold and disponed by him to the said John Pringle, portioner of Cliftoun, and thereafter disponed be the said John Pringle, with consent of Beatrix Tait, his spouse, to the said umquhile Mark Pringle and his foresaids heretablie, with housses, biggings, yairds, outsettis, insetts, tofts, crofts, meadowes, muirs, mosses, pairts, pendicles and pertinents of the saids lands whatsomever, all lyand in the lordship or baronie of Cliftoun, parochen of Morebotle and shirefdome of Roxburgh, all pertaining to the said Robert Pringle, as air served and retoured in speciall to the said umquhile Mark Pringle, his father; and in like maner, of all and haill these tuenty shilling lands of the ten pund lands of Cliftoun lyand at the east syde of Cliftoun, within the parochen and shirefdome foresaids; and siclike, off all and haill that two merk land of the other ten pund lands of Cliftoun, also lyand at the eist syde thereof within the parochin and shirefdome foresaids, with houses, biggings, yairds, tofts, crofts, grass, pasturages, muirs, mosses, meadowes, outfield, infield, haill pairts, pendicles and pertinents thereof whatsomever; as also, off all and haill these three merk lands, alswell outfield as infield, of the saids lands and barony of Cliftoun, with housses, biggings, yairds, pairts, pendicles and pertinents thereof whatsomever, sometime pertaining and belonging to umquhile Robert Pringle of Cavertoun and William Pringle, his sone; and siclike, of all and haill these two merk lands, alswell outfield as infield, of the saids lands and barony of Cliftoun, called the Coif, with housses, biggings, yairds, priviledges, pairts, pendicles and pertinents thereof pertaining and belonging thereto, sometime pertaining to umquhile Mr William Moir of Otterburne, extending to fyve merk lands lyand on the west pairt of the said towne and baronie of Cliftoun, lyand within the parochen of Morebotle and shirefdome foresaid; and siclike off all and haill these three merk lands in Cliftoun of these fyve merk lands there, alswell outfield as infield thereof, sometime pertaining to Androw, alias Dand Young of Hairwell in Cliftoun, togither with all the outfield ground of these two merk lands of the saids fyve merk lands of Cliftoun, with all the housses, biggings, yairds, tofts, crofts, pairts, pendicles and pertinents thereof whatsomever, pertaining and belonging to the said fyve merk land sometime occupied and possest be the said Andrew, alias Dand Young, and umquhile James Young, called of Harwell, his father, and conqueist and acquired from them be umquhile Lancelot Pringle of Lies and Robert Pringle, his sone, and now occupied and possest by [...], lyand within the towne and barony of Cliftoun and shirefdome of Roxburgh, excepting and reserving therefra all the infield land of the saids two merk lands as the samen wer divided and merched be the saids umquhile Lancelot Pringle and Andrew Young, togither with the outsettis or tenement of housses called Seugh Onsett, with the yaird and pertinents thereof, with that croft of land called Temple Croft; [and] as also, all and haill these four merk lands in Cliftoun, alswell outfield as infield, with housses, biggings, yairds, pairts, pendicles, priviledges and all their pertinents whatsomever belonging thereto, sometime pertaining to David Murray of Hamyre, and of before to umquhile John Young, called of Myres, and whilks, with sundrie other lands, were disponed by the said David Murray and his curators to umquhile Mr Thomas Moir, rector of Morebotle, and William Moir, and thereafter wer disponed be William Young, portioner of Cliftoun, called of Myres, eldest sone and air to umquhile Thomas Young, called of Myres, portioner there, his father, in favors of the said Robert Pringle of Cliftoun, all lyand within the bounds and territory of Cliftoun and shirefdome of Roxburgh. Whilks lands and others abovewritten, with the pertinents, pertained heretablie of before to the said Robert Pringle of Cliftoun, and were resigned by him and severall other persons his authors fra whom he hes right in the hands of the commissioners of his majesties' thesaurie and exchequer, for new infeftment to be made and given to the said Robert Pringle thereof, under his majesties' great seale thereupon in all points, togither with the new gift, disposition and change of holding contained in the said charter; [and] to be holden of his majestie and his successors in fie and heretage for ever, giveand therefore yearlie, the said Robert Pringle to his majestie and his successors, during the time of the ward and nonentrie of the saids lands, the soume of two hundreth merks good and usuall money of Scotland, the like soume of two hundreth merks money foresaid for releiff of the saids lands, when the samen shall happen, as also the soume of four hundreth merks money foresaid for the mariage of the air or airs allenarlie, now taxt and modified therefore in maner specified in the charter, under the great seale, containing precept of seasing therintill, off the date at the court of Whitehall, the nynth day of October jM vjC and sevinty-nine years, as the samen bears, togither with the precept of seasing therin contained and instrument of seasing following or to follow thereupon, in all and sundrie the heads, points, clauses, articles and conditions thereof, and after the forme and tenor of the samen in all points, dispensing with the generalitie of the said ratification and admitting the samen to be als valide and sufficient as if the said chartor and seasing were herein de verbo in verbum insert and ingrossed.
[1681/7/108]*[print] [email] [cite] [preceding] [following]
Our soveraign lord and estates of this present parliament ratifies, approves and, for his majestie and his successors, perpetually confirmes the chartor and precept of seasing therein contained granted be his majestie, with advice and consent of the lords commissioners of his majesties' thesaury and exchequer of the kingdome of Scotland, to the deceist Sir Andrew Ker of Greenhead, knight and baronet, and Dame Jean Done, his spouse, and the longest livear of them two in conjunctfie, and to the said Sir Andrew, his airs male whatsomever, which failyeing to the eldest daughter or air female to be procreat of the said Sir Andrew his bodie, and to the airs male to be procreat of the said air female her bodie, which failyeing to the eldest air female also to be procreat of her bodie without division, which all failyieing to the said Sir Andrew his uther nearest airs and assigneys whatsomever heretablie, under the provisions and conditions alwayes after mentioned, off all and haill the said Sir Andrew, his pairt and portion of the towne and lands of Hietoune, and of all and haill the towne and lands of Softlaw, with tennents, tennandries and service of free tennents, housses, biggings, yairds, fishings and all uther pairts, pendicles and pertinents of the saids lands whatsomever, occupied and possest by the said Sir Andrew and his tennents in his name, lying within the shirefdome of Roxburgh, providing alwayes that the airs who shall happen to succeed to the lands, and uthers abovewritten, shall be holden and obleidged to assume and bear, in all time thereafter, the surname of Ker and the armes of the house and family of Greenhead, and siclike providing that if (through failyeing of the said Sir Andrew his airs male) the saids lands shall devolve upon daughters or airs female, either procreat of his owne bodie or of the bodies of any uther of his airs abovewrittin, then and in that case the lands and uthers abovementioned shall fall, pertain and wholly belong to the said eldest air female, without division, and shee shall be holden and obleidged to mary a gentleman of the surname of Ker, at leist a gentleman who, and the airs to be procreat betuixt them, shall in all time thereafter assume, take and use the surname of Ker and armes of the house and family of Greenhead, and in like maner providing that it shall not be leisum to the saids airs male to alter, infringe or break the tailyie abovewritten in prejudice of the constant succession from air male to air male, nor (failyeing of airs male[)] to prejudge the uther airs to be procreat of the said Sir Andrew his bodie, and their foresaids, of their succession to the saids lands in maner abovewritten. Which charter proceeds upon the said Sir Andrew Ker his resignation of the foresaids lands and pertinents thereof abovewritten, in the hands of the saids lords of his majesties' thesaurie and exchequer, having his majesties' full power to receave resignations and grant new infeftments thereupon in favors and for new infeftment of the samen to be granted back again to him and the said Dame Jean Don, his spouse, and his foresaids in maner abovewritten, and containes ane new gift of the foresaids lands and pertinents thereof abovementioned, with all right, title, entres and clame of right, alswell petitor as possessor, which his majestie and his predicessors or successors had, have or any wayes can have or clame to the samen, or any pairt thereof in time comeing, or to the maills, fermes, profites and dewties of the samen of whatsomever yeirs and termes bygone or to come, by reason of ward, releiff, nonentrie, mariage, escheit, forfaulture, purpresture, disclamation, bastardrie, as last air, recognition, want of confirmation in due time, acts of annexation, generall or speciall revocationes, diminution of the rentall or whatsomever uther right or title, or be vertue of whatsomever acts of parliament, lawes, statuts and constitutions of the said kingdome, made or to be made in the contrair, or for whatsomever uther causes, crimes or occasions preceeding the date of the said chartor to and in favors of the said Sir Andrew Ker and Dame Jean Don, his spouse, and the longest livear of them two in conjunctfie, and to the said Sir Andrew, his airs male and of tailyie and successors abovewritten; likeas the said chartor containes ane change of the holding of the saids haill lands and pertinents thereof, from simple ward to taxt ward, for payment of the taxt dewties underwritten, viz, for the ward and nonentrie of the haill lands abovewritten and pertinents thereof, whensoever the samen shall happen to fall, the soume of fourscore punds Scots money to be payed yearlie during the haill time of the said ward and nonentrie or either of them, at two termes in the year Whitsonday and Mertimas in winter be equall portions, and for the releiff of the saids lands the soume of fourscore punds money foresaid, and for the mariage of the airs male and successors abovementioned of the said Sir Andrew Ker, how oft the samen shall fall, the soume of fyve hundreth merks money abovewritten, for payment of which yearlie ward and nonentrie, dewties and soumes of money abovewritten, as the taxt availls of the relleiff and mariage allenarlie, his majestie, be the said chartor, declares that it shall be leisum to the said Sir Andrew Ker, and his airs male and of tailyie and successors abovewritten, to labour, enjoy and possess the lands and uthers abovementioned, and to intromett with and dispone upon the haill maills, fermes, caines, customes, casualities, profites and dewties of the samen of whatsomever years and termes it shall happen them to fall and come in his majesties' hands, or in the hands of his successors, by reason of ward and nonentrie or either of them, from time to time in all time comeing; and likewise his majestie, by the said chartor, for him and his successors, exoners and discharges the said Sir Andrew Ker, and his airs male and of tailyie and successors abovewritten, of the benefite of the said ward, nonentrie, releiffe and mariage whenever the samen shall fall, for payment of the taxt availls above written, and prohibits and discharges the lords commissioners of his majesties' thesaurie, his majesties' thesaurers, thesaurer deputs, collectors and uthers who, for the time, shall have power to uplift the rents and casualities belonging to his majestie and his successors, to trouble or molest the said Sir Andrew Ker, or his foresaids, for the ward, releiff, nonentrie and mariage of the lands abovementioned, any further then for the taxt availls thereof abovewriten; likeas the said chartor containes ane dispensation to the said Sir Andrew Ker, and his airs male and of tailyie abovewritten of whatsomever age, from time to time to purchass, procure and obtain themselves to be dewlie and laufullie served, retoured and seased in the lands and uthers abovewritten with the pertinents, notwithstanding of their minoritie for the time; whereanent and anent the judges before whom they shall happen to be served and retoured and anent the persons who shall be upon their service and shall give seasing to them in the saids lands, and all uthers having interes, his majestie, by the foresaid chartor, hes dispensed for ever, as the samen chartor, containing ane precept of seasing in the end thereof, under his majesties' great seale of the said kingdome, of the date at Whitehall, the fifth day of September jM vjC and sevinty-three years at more length bears; togither with the instrument of seasing following thereupon, in all and sundrie heads, clauses, points, articles, circumstances and conditions thereincontained, and after the formes and tenors thereof in all points. And his majestie, with advice and consent of this present parliament, statuts and ordaines the foresaid chartor, containing the said new gift and change of holding of the lands abovewritten, precept of seasing therin contained and instrument of seasing following thereupon, to stand and subsist and to be good, valide and sufficient rights to Sir William Ker, now of Greinhead, as nearest laufall aire male served and retoured to the said deceist Sir Andrew Ker, his brother, and his airs and successors, notwithstanding the same were not ratified before the deceiss of the said Sir Andrew; wheranent his majestie, with consent foresaid, be the tenor of the said act, dispenses for ever, and that the said new gift and change of holding shall never be revocked nor quarelled be his majestie or his successors in time comeing. Likeas his majestie, with consent foresaid, be the tenor hereof, wills and grants and, for him and his successors, decerns and ordains this present ratification to be als valide to the said Sir William Ker as aire foresaid and his abovewritten, as if the said chartor, precept and instrument of seasing were herein at length de verbo in verbum speciallie insert and ingrossed; whereanent his majestie hath also dispensed and, be thir presents, with consent foresaid, dispenses for ever.
[1681/7/109]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with the advice and consent of his estates of parliament, for the good and faithfull services done and performed to his majestie and his most royal progenitors, in times past, by George Dallas of St Martines, writer to his majesties' signet, and his predicessors, be thir presents ratifies, approves and confirmes to the said George Dallas and Margaret Abercrombie, his spous, the longest livear of them two, for the said Margaret her liferent use allenarlie, and to the said George, his airs male and of tailyie aftermentioned and their assigneyes, heretablie and irredeemably, ane chartor under his highnes['s] great seale, of the date at Whitehall, the first day of July jM vjC and sevinty-seven years, proceeding upon a signature, under his majesties' royall hand, and by the which chartor our said soveraign lord, with consent of the lords commissionars of his highnes['s] thesaurie and exchequer of his ancient kingdome of Scotland, gave, granted and disponed and perpetually confirmed to the said George Dallas, and his said spouse and longest livear of them two, for the said Margaret her liferent use allenarly, and the airs male procreat or to be procreat of the said George his body, whilks failyeing to any person or persons he should please name in write, under his hand, at any time in his lifetyme, and the airs male of that person's body (and with the burden of all the clauses and performance of all the obleidgments, provisions and conditions contained in the said writ, and whilks, by the said chartor, are declared to be als sufficient as if all wer therein particularly mentioned) and failyeing of any such nomination to the said George his airs male whatsomever, whilks all failyeing to his airs whatsomever and their assigneyes, heretablie and irredeemably, all and haill the east halfe of the towne and lands of St Martines, with the milne thereof, milnelands, multurs, sucken, sequells and knaveships of the same, with the thirlege and astriction to the said milne in all time comeing of the lands of Meikle and Litle Breyes, multurs, sucken, sequells and knaveship of all kind of cornes that shall happen to grow thereon (teind seed and masters fermes, unless they hold fire and water on the ground, excepted) togither with the mannor place, housses, biggings, yairds, orchyairds, alehousses, woods and priviledges therein particularly and generally exprest; and all and haill these crofts called Donald Keith's Crofts in the Boge of Newmilne, and that other crof[t] commonly called Croftnastrye, sometime possest by Robert Simpson, and thereafter by Thomas Keith, and thereafter by the said Donald Keith, with the butts on the east and beneath the saids crofts, and that peice or spott of ground called Badansir on the south pairt of the said Donald Keith's Crofts; and all and haill that milne besyde Bearsoles, commonly called the Newmilne, with the milne crofts thereof, extending the said milne croft to seven bolls pay with the milnehouse, milne and sheallinehill, multure house, pairts, pendicles and pertinents thereof; as also, the thirlege and astriction for ever in all time comeing to the said milne of the davach lands of Brealanguell (including the quarter lands of Bellacherrie) and of the lands of Bellaskellie, lands of Birks Crofts, and other particats of land possessed by Colin Dumbar and his tennents, and of the lands of Quarrie and crofts adjacent thereto, crofts called Pypers Crofts, and the other crofts at the west thereof, interjected betuixt them and Keiths Crofts and of the lands of Reasollis Crofts and pertinents thereof, particularly of the crofts called McReddies Crofts, and all the crofts of the saids lands and crofts of the Boge of Newmilne and milne crofts aforesaids, with the multurs, sucken, sequells and knaveships of all kind of cornes growing or that should happen to grow upon the saids lands with the pertinents, according to the present measure delivered to the said George used in the said milne and speciall† in his rights, teind seed [and] masters ferme, if they thole not fire and water on the ground excepted, togither with the particular priviledges mentioned in the said chartor granted to the said George and his foresaids for making the said thirlege effectuall here, holden as for exprest brevitatis causa; and siclike, all and haill the seven crofts and particats of land neer and to the east and west of the said George his milne of Newmilne, on the south syde of the water of the particular denomination therein rehearsed, with housses, biggings, yairds, pairts, pendicles and pertinents thereof whatsomever, lyand bounded and possest in maner therein rehearst, with the parsonage teinds and teind sheaves of all the saids lands, crofts and others foresaids, as also the lands of Wester St Martines with the pertinents, likewise pertaining heretablie to the said George Dallas; and siclike gave, granted, disponed and perpetually confirmed to the said George Dallas, and airs male of his body, whilks failyeing as said is, and their assigneys, heretablie and irredeemablie, all and haill the townes and lands of Ferritoun, Auchmartine and Inshes, with these crofts and particats of land adjacent thereto, possest by Donald Home, Arthur Burnet and other persons, with the salmond fishing of the stell, ness and shoar of Ferritoune and others foresaids, and ferrie, ferrie boats, yair and harbours thereof, with their pertinents therin specified, teind sheaves and parsonage teinds of the same, lyand within the parochin of Kirkmichaell and Cullicudden, and shirefdome of Cromertie; togither with the heretable right, access, freedome, priviledge and libertie, free ishe and entrie to all the mosses, muirs and marishes of the barony of Cromartie and Brey, and of Millbuy, and to the great muirs and marishes at the southwest and north pairts of Kanbeachy, for the use of the saids haill lands of St Martines, Ferrietoune, Auchmartine, Insches,† crofts and pertinents of the lands of easter Ballblaire and Kirkmichaell, then belonging only to the said George in superioritie, lyand within the parochines foresaids and shirefdome of Ross; and likewise, the superioritie and all right of propertie and others whatsomever of the said towne and lands of Reasallis, and crofts adjacent thereto called McReddies Crofts and others, with the teind sheaves and parsonage teinds thereof, sometime pertaining to Sir John Urquhart of Cromartie, lyand within the parochine and shirefdome of Cromartie foresaids, in maner more fully specified in the said chartor; which proceeds upon the said George and the said Sir John their resignations and right made by the said George in favors of his said spouse in liferent, as said is, togither with the clause de novo damus of all the saids lands, milnes, teinds and others above specified contained in the said chartor, clause of disuniting thereof fra the baronie of Cromartie and erecting of the same in a new baronie, called St Martines, and appointing seasing to be taken at the mannor place of St Martines, the principall messuage, or on the ground of any other pairt of the lands, to be sufficient for the whole togither, also with the clause of erection of the saids lands of Auchmartine and Easter Balblair in ane free burgh of baronie, with a weekly mercat [and] two yearlie fairs and other priviledges therein exprest; to be holden of his majestie and royall successors as superiors in free baronie, free burgh of baronie, liferent, fie and heretage for ever, with the particular and generall priviledges therein exprest, giveand yearlie the said George Dallas, and his foresaids, to his highnes and his successors, for the saids lands, milnes, milnelands, crofts, teinds and others abovespecified, with the pertinents, all now unit in one baronie as said is, the proportionall pairt of the taxt dewties specified in the said chartor effeirand to the saids lands and others foresaids, off the haill taxt dewtie of the barony of Cromartie, whereof they are a pairt, and als giveand the said George Dallas, and his foresaids, to his majestie and royall successors, for the said burgh of baronie, weekly mercat and yearlie faires, priviledges and pertinents thereof, ane peny Scots money at the cross at the feast of Whitsonday yearlie if required, and giveand due and faithfull administration of justice to his majesties' subjects within the said burgh, in all time comeing, togither also with the ratification contained in the said chartor of the said George Dallas, and his foresaids, their heretable deputation of shirefship within the said Newmilne, thirlage and pertinents thereof, granted to him by the said Sir John Urquhart, as heretable shireff of Cromartie, dated the fifteenth of May jM vjC and sevintie two, and of the other heretable deputation of shireffship also granted also granted† by the said Sir John to them within the saids haill lands and others foresaids, and heretable deputation of bailliarie within the lands of Wester St Martines with the pertinents, and seclusion of all other deputs within the same lands, milnes and others foresaids, dated the tuentie-sevinth day of the said moneth of May and year, and priviledges, fies and casualities contained in both deputations aforesaid, and of the said Sir John his obleidgment to infeft in the saids offices, priviledges and casualities, to be holden of the said Sir John and his foresaids, heretable shirreffs of Cromartie and heretable baillies of the saids lands of Wester St Martines, in few ferme, for payment of thretteen shilling, four penneis Scots money at Whitsonday and Mertimas by equall portions, and dowbleing of the said few dewtie the first year of the entrie of the air, and whilk few dewtie of all years and termes thereafter in time comeing disponed by the said Sir John to the said George, and his foresaids, pro sallario et administratione justitiae, and retention not only granted to them but they for ever discharged thereof, togither with the precept of seasing and all other clauses contained in the said heretable deputation and seasing following thereon; togither with the precept of seasing contained in the said chartor and instrument of seasing following thereupon, and chartor granted by his majestie, under the great seale, off the saids lands and baronie of Cromartie, whereof the said George his saids lands and others foresaids now unit in the said baronie of St Martines, as said is, are a pairt in favors of the said Sir John, dated the fourteenth day of July jM vjC and sexty-two years and wherein the said baronie of Cromartie is taxed to two hundreth merks Scots yearlie during the ward, alsmuch for the nonentrie, the like soume for the releiffe and four hundreth merks money foresaid for the mariage, with the precept and instrument of seasing following therupon. And our said soveraign lord, with consent foresaid of his estates of parliament, be thir presents ratifies and approves the chartor, of the date the fourth day of August jM vjC and eightie years, granted by his majestie, with consent of his saids commissioners of thesaurie and exchequer, under the great seale, to the said George Dallas and his foresaids, heretablie and irredeemablie, of the superioritie and all right of propertie and other right whatsomever which the said Sir John and Johnathan Urquhart, his sone or either of them, had or could pretend to the just and equall halfe of the wood, commonly called the Forrestrie of Brey, alias Brealanguell, and the just halfe of the few dewtie payable furth thereof, togither with the right of patronage of the parochines of Kirkmichell and Cullicudden, now unit, and teinds parsonage and viccarage of the same, mansses and gleibs thereof, and that plank of ground or peice muir of the said baronie of Cromartie, commonly called Glenurquhart, of the speciall boundings and with the particular priviledges specified in the said chartor, with the teinds parsonage and viccarage thereof, and which superioritie and few dewtie of the said wester halfe of the said wood, with the said patronage and teinds, were not only adjudged fra the said Johnathan Urquhart by the said George, but also disponed by the said Johnathan to him, and the said Glenurquhart with the teinds were acquired fra the said Sir John by Hugh Dallas, commisser clerk of Ross, who disponed the same to the said George Dallas, and the propertie of the said wester halfe of the wood, with the teinds, wes acquired by the said George fra Alexander Urquhart of Newhall, to whom the said Sir John fewed the same; to be holden the said wester halfe of the said wood, patronage, plank of ground called Glenurquhart, with the teinds and pertinents abovespecified, to the said George, and his foresaids, of his majestie and his royall successors, for payment of the proportionall pairt of the taxt dewties specified in the said chartor, togither with the precept of seasing thereincontained and seasing following thereon. And lastly, our said soveraign lord, with consent of his saids estates of parliament, ratifies, approves and confirmes all other chartors, dispositions, contracts and rights granted by the said Sir John Urquhart to the saids George and Hugh Dallas, his brother, of and concerning the haill lands, milnes, teinds and others contained in the saids two chartors, under the great seale, precepts of seasing therin contained and seasings following thereupon, and all rights made by the said Sir John to the said George and James, his brother, of the saids lands of Wester St Martines, Easter Ballblair and Kirkmichell, teinds, ferrie, ferrie boat and pertinents thereof, and confirmations of the same by the bishop of Ross, with consent of the dean and chapter, precepts of seasing therincontained and seasings following thereon, and all other writs made to their authors and predicessors concerning the same, off whatsomever dates, tennors or contents the same be of, in the haill heads, articles and clauses of the saids chartors, seasings and rights, declareing hereby this present ratification to be als sufficient and of als great force, strength and effect, to all intents and purposes, as if all the saids chartors and rights were word by word herein insert; whereanent and with all nullities, faults and imperfections that may be therein, our said soveraign lord, with advice and consent of his saids estates of parliament, hereby dispenses and renunces and overgives the same in favors of the said George Dallas, and his foresaids, for ever cum pacto de non petendo.
[1681/7/110]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with advice and consent of the estates of this present parliament, ratifies, approves and, for him and his successors, perpetually confirmes the chartor and precept of seasing therincontained granted be his majestie, with consent of the lords and uthers of his majesties' thesaurie and exchequer, to his majesties' lovit Sir Archibald Cokburn of Langtoun, knight and baronet, ratifieing, confirmeing and approveing all and sundrie gifts, chartors, infeftments and uther rights and securities whatsomever made and granted be his majestie, or any of his most royall progenitors or be any uther person or persones, to the said Sir Archibald Cokburn and his predicessors, off all and haill the lands and baronie of Langtoun, with castle, tower, fortalice, mannor place, housses, biggings, yairds, orchyeards, milnes, woods, fishings, tofts, crofts, pairts, pendicles, annexis, connexis, tennents, tennandries, service of free tennents and pertinents thereof, lying within the shirefdome of Berwick, and of the office of principall usher to his majestie and his successors in all time comeing, with two gentlemen and two bowmen and their horsses and servants attending the said Sir Archibald and his successors, in the function and exercize of the office abovewritten, with all and sundrie dewties and priviledges pertaining and belonging to the said office, togither also with the advocation, donation and right of patronage of the viccarage of the paroch kirk and parochin of Langtoun, with the libertie and priviledge of ane free burgh of baronie, to be called the baronie of Langtoun in all time comeing, with the priviledges belonging thereto, ane mercat day and a weeklie mercat with free faires all contained in the said Sir Archibald and his predicessors their infeftments thereof, with all uther priviledges, liberties and immunities whatsomever granted be whatsomever persones to the said Sir Archibald Cokburne, and his predicessors, of the lands, baronie, burgh of baronie, office of his majesties' principall usher, right of patronage and uthers particularlie abovewritten, and speciallie but prejudice of the said generalitie, ane chartor and infeftment granted by his majesties' father, of ever blessed memorie, under his majesties' great seale, of the date the second day of January jM vjC and fourtie-seven years, to and in favors of the deceist Sir William Cokburn of Langtoun, father to the said Sir Archibald, whereby his majesties' said father did ratifie and approve the gift granted be himselfe to the said deceist Sir William of the said office of principall usher to his majestie, with all infeftments granted to him and his predicessors thereof, since the year of God one thousand, three hundreth and sevinty years, in all and sundrie their heads, clauses and conditions; and for the causes therincontained, his majesties' said father, of blessed memorie, did give, grant and dispon to the said deceist Sir William Cokburn and Collonell Robert Cunynghame, brother german to the deceist William, earle of Glencardin,† equallie betuixt them, during all the dayes of their lifetime, and after their deceisses to the airs male and assigneyes of the said deceist Sir William Cokburn, the said office of principall usher to his majestie, with all dignities and priviledges belonging to the same. And his majesties' said father did give, grant and dispon to the said Collonell Robert Cunynghame, during all the dayes of his lifetime, and after his deceiss to the said deceist Sir William Cokburn, and his airs male and assigneyes whatsomever, all and sundrie the fies, dewties, casualities and profites belonging to the said office within the kingdome of Scotland, according to the custome thereof, viz, all and sundrie casualities, fies, compositions accressing and belonging to the said office of principall usher to his majestie, and these who exercise the same within the said kingdome of Scotland, and which were in use to be payed to the said usher for infeftments of lands passing the great seale within the said kingdome, either by resignations, confirmations or new gifts, with all fies, casualities and uther dewties underwritten, payable be earles, viscounts, lords, knight baronets and uther knights to be made in all time comeing, or who should receave honors, titles or dignities from his majesties' said father or his majesties' commissioners, by patents or any uther maner of way to be payed be all Scotismen within his majesties' dominions, and als by all Inglishmen who shall receave any honors or dignities from his majestie within the said kingdome of Scotland, to witt, from every earle so to be created the soume of ane hundreth and fourscore pounds; from every viscount the soume of ane hundreth and tuenty pounds; from every lord the soume of fourscore pounds; from every knight baronet the soume of thriescore pounds, and from every knight the soume of fourty pounds Scots money, togither with the soume of four hundreth pounds money of fie for the foresaid office, to be payed out of the readiest of his majesties' rents. Likeas it is declared by the said chartor that his majesties' gift of the said office, in favors of the said deceist Sir William Cokburne, and his accepting thereof conjunctlie with the said Collonell Robert Cunynghame, during their lifetimes, shall not be a preparative to the said deceist Sir William and his foresaids, heretable principall ushers to his majestie, to receave or admitt of any uther conjunct with them in the said office after the deceiss of the said Collonell Robert Cunynghame. And also, ane uther chartor and infeftment granted be his present majestie, under his great seale, of the date at Whitehall, the tenth day of May jM vjC and sextie-two years, whereby his majestie, not only ratifies the former rights particularlie and generallie abovewritten, but also did of new give, grant and dispon to the said Sir Archibald Cokburn, and his airs male and assigneyes whatsomever, all and haill the saids lands, baronie, offic, fies, dewties and uthers abovewritten, reserving nevertheless to the said Collonell Robert Cunynghame, during all the dayes of his lifetime allenarlie, the conjunct right of the said office of principall usher and fies thereof, conforme to the tenor of the foresaid gift and chartor granted to him and the said deceist Sir William Cokburn, in the year jM vjC and fourty-sevene yeirs. And his majestie, be the same chartor, did grant to the said Sir Archibald Cokburn ane yearlie pension of two hundreth pounds sterling money of England, and that in the haill heads, articles, clauses and circumstances of the saids chartors, infeftments and securities, particularlie and generallie abovewritten, and farther his majestie, upon consideration that not only be the foresaid chartors granted be his majesties' royall father and himselfe to the said deceist Sir William and the said Sir Archibald Cokburnes in the years jM vjC and fourtie seven and jM vjC and sextie-two yeirs, off the saids lands, baronie, office and uthers abovewritten, the foresaid office of principall usher to his majestie, with the fies, dewties and casualities thereof, wer reserved to the said Collonell Robert Cunynghame during his lifetime, but also be a ratification and new gift thereof granted be his majestie, under his great seale, to the said Collonell Cunynghame, of the date at Whitehall, the tenth day of August jM vjC and sextie yeirs, his majestie did give and grant to the said Collonell Robert Cunynghame the foresaid office, with all fies, casualities and dueties thereof, during his said life time as said is, and particularly the fies abovewritten due and payable for infeftments, resignations, confirmations or new gifts, and the soume of two hundreth and sextie pounds Scots money upon creating of every duke, the soume of two hundreth and twentie pounds money foresaid upon creating of every marques, and the uther fies above written, upon creating of earles, viscounts, lords, knight baronets and uther knights abovespecified; and that his majestie did grant to the said Collonell Robert Cunynghame ane yearlie fie of fiftie pounds sterling money of England,† to be payed out of the first and readiest of his majesties' rents, by which gifts and reservation in favors of the said Collonell Robert Cunynghame, the said Sir Archibald Cokburn, and his father, were secluded from the fies, dueties and casualities belonging to the said office of principall usher to his majestie, albeit they were at great expenses in officiating the samen, and that the said Sir Archibald Cokburn had acquired to himselfe a renunciation, dimission and right from the said Collonell Robert Cunynghame off the foresaid office, fies, dewties and casualities of the same, which is of the date the fifteen day of February jM vjC and sevintie-four years; therefore and for certane uther onerous causes mentioned in the said chartor in corroboration of the haill rights and securities granted to the said Sir Archibald Cokburn, and his predicessors, and of the foresaid dimission granted be the said Collonell Robert Cunynghame, his majestie, by the foresaid chartor, off new gives, grants and dispones, and for him and his successors perpetually confirmes, to the said Sir Archibald Cokburn of Langtoun, and his airs male and assigneyes whatsomever heretablie, in all time comeing, all and haill the saids lands and baronie of Langtoun, with castle, tower, fortalice, mannor place, housses, biggings, yairds, orchyairds, milnes, dowcats, woods, fishings and haill uther pairts, pendicles and pertinents thereof, as they are particularly designed in the said Sir Archibald and his predicessors their infeftments thereof, lying within the parochin of Langtoun and shirefdome of Berwick abovewritten, togither with the libertie and priviledge of ane free burgh of baronie, now and in all time comeing, to be called the baronie of Langtoun, with the priviledges belonging thereto [of] ane mercat day and weekly mercat and free fairs contained in the said Sir Archibald his infeftments, with the advocation, donation and right of patronage of the viccarage of the paroch kirk of Langtoun, togither likewise with the said office of sole and principall usher to his majestie and his successors in the said kingdome of Scotland, with all honors, dignities, priviledges, fies, casualities and dewties pertaining and belonging thereto, and speciallie but prejudice of the said generalitie, all and sundrie fies, casualities and rents belonging to the said office and used and wont to be payed to the said Collonell Robert Cunynghame, or any uther his majesties' or his most royall father's principall ushers within the said kingdome, for expeding of infeftments of lands, under his majesties' great seale, either by resignation, confirmation or new gifts, togither with all fies, casualities and uther dewties abovewritten payable be dukes, marquesses, earles, viscounts, lords, knight-baronets and uther knights made or to be made, and who shall receave any honors, titles, dignities from his majestie or his successors or commissionars, by patent or any uther way, and payable by all Scotismen who shall receave dignities within any of his majesties' dominions, and by all Englishmen who already have obtained and who hereafter shall obtain honors or dignities from his majestie and his successors within the said kingdome of Scotland, to witt, for every duke, the soume of two hundreth and sextie pounds, for every marques, the soume of two hundreth and twentie pounds, for every earle, one hundreth and fourscore pounds, for every viscount, one hundreth and tuentie pounds, for every lord, fourscore pounds, for every knight baronet, thriescore pounds, and for every uther knight, fourtie pounds Scots money. And siclike his majestie, by the foresaid chartor (for certane onerous causes and good considerations therin mentioned[)] gives, grants and dispons to the said Sir Archibald Cokburn, and his airs male and assigneyes whatsomever, ane yearlie fie of two hundreth and fiftie pounds sterling money of England to be payed to the said Sir Archibald Cokburn, and his foresaids, in all time comeing, at two termes in the year, Whitsonday and Mertimas be equall portions, out of the first and readiest of the rents, dueties and casualities payable to his majestie within the said kingdome of Scotland, ordaining the commissioners of thesaurie, his majesties' thesaurer principall, thesaurer deput, his majesties' cashkeeper and receavers having place and power for the time, and their successors in office, to readily answer, obey and thankfullie pay the said fie of two hundreth and fiftie pound sterling to the said Sir Archibald and his foresaids, at the termes abovewritten, begining the first termes payment thereof at the terme of Whitsonday nixt after the date of the said chartor, and so furth yearlie in all time comeing; which chartor containes also ane new erection of the saids lands and barony of Langtoun and pertinents thereof abovewritten, with the foresaid office of principall usher to his majestie and his successors, in all time comeing, and haill fies, dueties and casualities belonging thereto, togither with the said advocation, donation and right of patronage of the viccarage of the paroch kirk of Langtoun, with the said burgh of barony of Langtoun and haill priviledges thereof belonging to ane free burgh of baronie, in ane haill and free baronie to be called, in all time comeing, the baronie of Langtoun, ordaining the castle, tower and fortalice of Langtoun to be the principall messuage thereof, and ane seasing to be taken be the said Sir Archibald, and in all time comeing be his airs and successors, at the mannor place of Langtoun to be a sufficient seasing for the haill barony, right of patronage, office of principall usher and burgh of baronie abovewritten and pertinents thereof; to be holden of his majestie, and his successors superiors thereof, in fie and heretage, free burgh of baronie, with priviledge of free forrest for ever, giving yearlie therefore, the said Sir Archibald and his foresaids, ane Scots pennie at the mannor place of Langtoun upon Whitsonday, in name of blensch ferme if it be asked allenerlie, as the said chartor containing the foresaid precept of seasing in the end thereof, under his majesties' great seale of the said kingdome of Scotland, of the date at Windsore Castle, the fifth day of June jM vjC and sevintie-four years at more length bears; togither with the instrument of seasing following thereupon, in all and sundrie heads, clauses, points, articles, circumstances and conditions therin contained, and after the formes and tenors thereof in all points. And his majestie, with advice and consent of this present parliament, statuts and ordaines the foresaid chartor, containing the said new gift, precept of seasing therin contained and instrument of seasing abovementioned following thereupon, to stand, subsist and to be good, valide and sufficient rights to the said Sir Archibald Cokburne, and his foresaids, and that the said new gift shall be nowayes prejudiciall to the said Sir Archibald his infeftments and uther securities, and shall never be revoked nor quarrelled be his majestie or his successors in time comeing. And also his majestie, with consent foresaid, wills and grants and, for him and his successors, decernes and ordaines this present ratification to be als valid to the said Sir Archibald Cockburn, and his foresaids, as if the said chartor, precept and instrument of seasing abovementioned were herein at length de verbo in verbum particularly insert and ingrossed; whereanent his majestie hath dispensed and hereby dispenses for ever.
[1681/7/111]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with advice and consent of the estates of this present parliament, ratifies and approves and, for his majestie and his successors, perpetually confirmes the disposition granted be his majesties' well beloved cousine Barbara, countes duager of Seaforth, to the poore and indigent persons presently residing or that shall happen to reside in time comeing within the towne and burgh of the Chanonrie of Ross, lyand within the bishoprick and shirefdome thereof, heretablie and irredeemablie, off all and sundrie these four pecks of land of the lands lyand betuixt the Chanonrie of Ross and burgh of Rosmarkie, bishoprick of Ross and shirefdome, sometime of Inverness now of Ross, extending to the yearlie free rent of sexteen bolls ferme bear; attour few dewtie bounded as follows, and lyand in the respective fields of the samen afterexprest, to witt, two pecks of land thereof lyand contigue in the field called the Ryebank of Rosmarkie, sometime pertaining to Andrew Davidson, bounded betuixt the lands sometime pertaining to the deceist George Gollan, burges of Rosmarkie, now to Hugh Gollan, baillie thereof, at the east, the Dean road at the south, the lands sometime pertaining to umquhile Mr John Mckenzie, now to Mr Alexander Mckenzie, commisser of Inverness, at the west, and the king's highway or gait betuixt the said Chanonrie of Ross and Rosmarkie at the north; ane other peck of land of the samen, bounded as followes, whereof three riggs of land lyand contigue in the field called the said Ryebank of Rosmarkie, betuixt the lands sometime pertaining to the deceist Robert Grant, burges of Chanonrie, now to the airs of William Barbour, at the west, the lands sometime pertaining to the deceist George Barbour, now to Sir George Mckenzie of Rosehaugh, at the eist, the loch of Rosmarkie at the north, and the lands called the Chaplanes aiker, now pertaining to John Miller, at the south; other two riggs of land thereof lyand contigue in the field called the Gallowbank, bounded betuixt the land sometime pertaining to the deceist Robert Grame, now to the said Mr Alexander Mckenzie, at the eist, the lands sometime pertaining to the deceist George Barbour, now to the airs of umquhile William Barbour, at the west, the lands sometime pertaining to the deceist Roderick Mckenzie of Ardifaillie, now to the airs of William Barbour, at the south, and the common muir at the north; and that other rigg or butt of land of the samen lyand in the field called the Gallowbank, at the taill or south end thereof, extending to ane halfe boll of beir soweing, bounded betuixt the loch of Rosmarkie, at the west, the lands of the said Gallowbank, now pertaining to the airs of the said William Barbour, at the north, the lands called the Easter Gallowbank, at the east, and the lands sometime pertaining to George Barbour, now to Andrew Watson in Bathspey, at the south; and ane uther peck of land thereof to compleit the said four pecks of land, whereof two riggs and ane halfe rigg of land lyand contigue in the field called the Longlands, bounded betuixt the lands sometime pertaining to the said umquhile Robert Graeme, archdeacon of Ross, now to the said Mr Alexander Mckenzie, at the eist, the lands sometime pertaining to umquhile William Thomson, now to the airs of the said William Barbour, at the west, the Deans road, at the north, and the lands sometime pertaining to umquhile Robert Gollan, now to the said John Millar, at the south; and that uther three riggs of land thereof lyand in the field called the Cotts, bounded betuixt the lands sometime pertaining to the said George Barbour, now to the airs of the said William Barbour, at the eist, the lands sometime pertaining to John Forbes of Culloden, now possest by Thomas Forbes, writer in Forterose, at the west, the said Deans road, at the north, and the common pasture of the ness of the Chanonrie of Ross, at the south, with all and sundrie pairts, pendicles, priviledges, easements, liberties, free ishe, access, regress, ingress and entrie, commontie, common pasturage, and uther universall pertinents whatsomever belonging or that shall be known to appertain to the saids four pecks of land, in all time comeing, togither with all right, title, interest, claime of right, propertie and possession, alswell petitor as possessor, whilk the said Barbara, countes of Seaforth, her airs, successors, predicessors, cedents and authors had, have or might pretend thereto, or to any uther pairt or portion of the samen in time comeing, which disposition contains a precept of seasing for infefting the right reverend father in God Alexander, bishop of Ross, Mr George Monro, minister of the parochin of Rosmarkie, and Mr Roderick Mckenzie, minister of the parochen of Avach, and their successors bishops of Ross and ministers of the saids parochins, for the use and to the behove of the said poor and no otherwayes, heretablie and irredeemablie as aforesaid, in the saids four pecks of land, with the pairts, pendicles and pertinents lyand bounded and extending, to the said yearlie rent of sexteen bolls ferme bear, as said is, attour the few dewties aftermentioned to be holden of the said Barbara, countes duager of Seaforth, her immediat laufull superiors thereof few, for the yearlie payment of the number of four bolls of bear and uther dewtie, if any be contained in the originall infeftments of the samen, at the termes of payment used and wont, as the foreaid disposition of the date at the Chanonrie of Ross, alias Forterose, the sext day of January jM vjC and eightie years, registrat in the commisser court books of Forterose, upon the tuenty-nynth day of July jM vjC and fourscore years foresaid more fully proports; togither with the instrument of seasing following upon the samen with the confirmation thereof granted by Sir George Mckenzie of Rosehaugh, superior of the saids lands, and confirmation of all granted be the said Alexander, bishop of Ross, with consent of the dean and chapter of the said bishoprick, immediat laufull superiors to the said Sir George Mckenzie, of the dates, tenors and contents therinspecified, in all and sundrie heads, points, articles, circumstances and conditions contained in the said disposition, seasing and confirmations abovespecified, and after the formes and tenors thereof in all points. And our said soveraign lord, with advice and consent of the estates of this present parliament, statuts and ordaines the foresaid disposition, precept of seasing contained therein and instrument of seasing following thereupon, and confirmations foresaids, to stand and subsist and to be good, valid and sufficient rights to the said Alexander, bishop of Ross, Mr George Monro and Mr Roderick Mckenzie, and their successors bishops of Ross and ministers of the saids parochines, for the use and to the behove of the said poor and no utherwayes, in so far as concernes the interest of his majestie and his successors, and that the said disposition, confirmations and uther rights foresaids shall never be revocked nor quarrelled by his majestie nor his successors, in time comeing. And als, with advice and consent foresaid, wills and grants and, for his majestie and his successors, decernes and ordaines that this present ratification is and shall be als valide, effectuall and sufficient to the saids Alexander, bishop of Ross, Mr George Monro and Mr Roderick Mckenzie, and their successors bishops of Ross and ministers of the saids parochines, for the use and to the behove of the said poore and no utherwayes, as if the said disposition, precept of seasing contained therein and instrument of seasing following thereupon and confirmations foresaids, were herein at length et de verbo in verbum speciallie insert and ingrossed; whereanent our said soveraign lord, with advice and consent of his estates of parliament, hes dispensed and, be thir presents, dispenses for ever.
[1681/7/112]*[print] [email] [cite] [preceding] [following]
Our soveraign lord and estates of parliament, presently conveened be his majesties' speciall authoritie, have ratified and approven and, be thir presents, ratifies and approves, ane chartor made and granted, under his majesties' great seale, of the date the fourth day of August jM vjC, thriescore [and] nyne years, whereby his majestie gave, granted and disponed to Patrick Smith of Braco, his airs, successors and assigneyes whatsomever, all and haill the lands, lordship and baronie of Methven, and lands called Kildeislands, and ane aiker of land in Cassoquhy, with the pertinents, with the castles, towers, fortalices, mannor places, housses, biggings, yairds, orchyairds, meadowes, milnes, woods, fishings, tennents, tennandries, service of frie tennents, advocations, donations and rights of patronages of the provestrie and prebendaries of the colledge kirk of Methven, and of all other kirks, prebendaries and chaplanries of the samen with their pertinents, with the libertie and priviledge of regality, free chappell and chancellary thereof, with all other liberties, priviledges and immunities pertaining thereto, all lyand within the shirefdome of Perth, upon the resignation of his majesties' umquhile right trusty and welbeloved cousine and counsellor Charles, duke of Lennox and Richmond etc., as the said chartor containeing ane new union and erection of the saids haill lands, lordship, baronie, regalitie, chappell and chancellarie, rights of patronages and others respective foresaids, in ane haill and free lordship and barony, to be called the lordship and barony of Methven in all time comeing, ordaining the castle, tower, fortalice and maner place of Methven to be the principall messuage thereof, whereat, or upon the ground of any other pairt of the said lordship and barony, ane seasing is to be taken for the whole in all time hereafter; to be holden of his majestie and his successors in free blensch, for payment of two pennies Scots money yearlie at Whitsonday in name of blensch ferme, if it be asked allenarlie, at more length proports; togither with the precept under the quarter seale and instrument of seasing following thereupon, in the haill heads, articles, clauses, tenors and contents thereof; and wills and grants and, for them and their successors, decernes and ordaines that the foresaid generall ratification is and shall be als valide, effectuall and sufficient to the said Patrick Smith, and his foresaids, as if the said chartor, precept and instrument of seasing following thereupon were herein speciallie and at length insert; whereanent and with all other exceptions or objections that may be moved, proponed or alledged against the validitie of the said ratification, his majestie, and estates of parliament foresaid, hes dispensed and, be thir presents, dispenses for ever. And farther, our said soveraign lord, with consent foresaid of his estates of parliament, be thir presents gives, grants, dispones and conferrs upon the said Patrick Smith of Braco and his foresaids, in all time comeing, ane yearlie free fair to be holden and keeped in the towne of Methven upon the thrid Thursday of October yearlie, to continue and endure for the space of three dayes, and that for buying and selling of horse, nolt, sheep, skins, hyds, tallow, butter, cheese, linning, plaiding, lining yairn, plaid wooll, woolen cloath, wyne, walx, daills, trees and all other kind of timber, cloath, broad and narrow of whatsomever colour or kind, victuall of all sorts and all other kinds of goods, merchandice and commodities whatsomever, alswell not named as named, foraign as native, and with power to them to appoint baillies, clerks, officers and other members of court requisit for the better government and management of the said fairs, and for whose administration they are to be answerable, and to punish transgressors, according to law, and to exact and uplift tolls and customes of all goods comeing to the said fair yearlie, and dispose thereupon at pleasure, and to doe and performe every other thing relating to the said yearlie fair, siclyke in the same maner and alse freely and fully in all respects and to all intents and purposes as any free burgh or heretors havers of yearlie free fairs have done, does or may doe in the like cases, at any time bygone or to come, be vertue of their particular gifts, rights and infeftments.
[1681/7/113]*[print] [email] [cite] [preceding] [following]
Our soveraign lord and estates of parliament, presently conveened by his majesties' speciall authoritie, have ratified and approven and, be thir presents, ratifies and approves ane chartor, containing precept of seasing, made and granted be his majestie, under his highness['s] great seale, bearing date at Whitehall, the ninteenth day of November jM vjC and sevinty-sex years, whereby his majestie hes given, granted and disponed and, for his highnes and his successors, perpetually confirmed to Mr John Omay, minister at Dumbarny, his airs and assigneys whatsomever, heretably and irredeemably, all and sundrie the lands and others under written, viz, all and haill the halfe of the towne and lands of Monydie, all and haill the halfe of the milne and milnelands of Cordrachie, otherwayes called the milne of Monydie, with all and sundrie housses, biggings, yeards, orchyeards, tofts, crofts, outsettis, annexis, connexis, pairts, pendicles and pertinents whatsomever, lyand in the lordship and barony of Kinnoull, and within the shirefdome of Perth, togither with all and sundrie multures, alswell astricted as other services and sequells, of the said milne and milnelands of Cardrachie, alswell of the thrie halfes of the townes and lands of Monydie, Regilime and Bamblair as of others, and with all and sundrie the priviledges, immunities, casualities and others pertaining and belonging to the saids milnelands, milnedame and milnelead thereof, particularly and generaly enumerat and sett downe in the said chartor, upon the said Mr John Omay his owne resignation, and whereby his majestie hes granted ane novo damus of the saids lands, milne, milnelands, multurs, priviledges, pasturages and others foresaids, with all right his majestie hes or may pretend thereto and dispensed, with ane seasing to be taken upon the ground of any pairt of the said halfe towne and lands of Monydie to be sufficient for the whole, in all time comeing; to be holden of his majestie and his successors in taxt ward, fie and heritage, for payment of the rights and services used and wont, and in place thereof the taxt ward dewties respective underwritten, viz, the soume of eighteen punds Scots money yearlie, during the ward and nonentrie, alsmuch for the releiff and the soume of threttie-sex pounds money for the mariage of the air, whereunto his majestie hes been graciously pleased, be the said chartor, to tax the ward holding of the saids lands, and to dispense with the airs to enter, notwithstanding of their minoritie, in maner specified in the said chartor, with the precept of seasing therein contained and instrument of seasing following thereupon, in the haill heads, articles, clauses, tenors and contents thereof; and wills and grants and, for them and their successors, decernes and ordaines that the foresaid generall ratification is and shall be als valide, effectuall and sufficient to the said Mr John Omay, and his foresaids, as if the said chartor, precept and instrument of seasing following thereupon were herein speciallie and at length insert; whereanent and with all other exceptions or objections that may be moved or alledged against the validitie of the said ratification, his majestie and estates of parliament foresaid, hes dispensed and hereby dispenses for ever.
[1681/7/114]*[print] [email] [cite] [preceding] [following]
Our soveraign lord and estates of parliament, presently conveened by his majesties' speciall authoritie, have ratified and approven and hereby ratifies, approves and perpetually confirmes, ane charter or signature, under his majesties' royall hand and past in exchequer, whereupon ane chartor is to follow under his majesties' great seale, whereby his majestie gives, grants and dispones and, for his highnes and his successors, perpetually confirmes to Mr Thomas Skeen, advocat, one of the shiref deputs of Edinburgh, and his airs and assigneyes whatsomever, heretablie and irredeemablie, all and haill the lands and barony of Prestoun, and both halfes thereof, with the mannor place, housses, biggings, yairds, orchyairds, milne, milnelands, multures and sequells thereof, pairts, pendicles, tennents, tennandries, service of free tennents, annexis, connexis, outsetts, dependances and haill pertinents of the samen whatsomever, with the teind sheaves thereof, lyand within the shirefdome of Linlithgow, whilks pertained heretablie of before to Alexander Ritchie of Prestoun, holden be him, of his majestie and his successors, in capite for service of ward and releiff, and fallen and become in his majesties' hands and at his highnes['s] gift and disposition, be reason of recognition, lawes and practique of this realme, be and through the right and disposition of the samen made and granted be the said Alexander Ritchie to Roderick Mcdonald, sone laufull to the deceist Sir James Mcdonald of Slait, knight and baronet, or to any other person or persons whereupon private and base infeftment followed without his majesties' consent or confirmation, or be whatsomever other maner of way the samen hes fallen and become in his majesties' hands, and whereby his majestie hes granted ane novo damus of the saids lands, barony and others foresaids, with all right his majestie hes or may pretend thereto, and hes erected the samen in ane haill and free barony, called the barony of Prestoun, ordaining the mannor place thereof to be the principall messuage, whereat, or upon the ground of any other pairt of the said barony, ane seasing is to be taken for the whole in all time comeing; to be holden of his majestie and his successors in free barony, fie and heretage, for payment of the rights and services used and wont, and in place thereof, the soume of two hundreth and fourty merks Scots money yearlie during the ward and nonentrie, alsemuch for the releiff thereof, and of the soume of four hundreth and fourscore merks money foresaid for the mariage of the air, when and how oft soever the samen shall happen to fall; whereunto his majestie is graciously pleased, be the said signature, chartor and infeftment, to follow thereon to tax the ward holding of the saids lands, barony and others foresaids, in all time comeing, and to dispense with the airs to enter thereto, notwithstanding of their minoritie and whereby his majestie faithfully promised in verbo principis to ratifie the said chartor and infeftment, containing the said change of holding from simple ward to taxt ward, in his majesties' nixt parliament and required the estates of parliament to ratifie the samen accordingly, in maner at length specified in the said signature, dated at Whitehall, the thrid day of Aprile jM vjC and eightie, togither with the chartor, under the great seale, containing precept of seasing to be granted thereupon and instrument of seasing to follow upon the samen, in the haill heads, clauses, obleidgements, conditions, tenors and contents thereof. And his majestie, and estates of parliament foresaid, statuts, decernes and ordaines the said generall ratification to be als valide, effectuall and sufficient to the said Mr Thomas Skeen, and his foresaids, as if the said signature or chartor, under the great seale following or to follow thereupon, precept and instrument of seasing to follow upon the samen, generally above ratified, were herein de verbo in verbum at length insert and ingrossed, and as if the said signature and chartor to follow thereon had been past and exped the great seale and seasing taken thereon before this present ratification; whereanent and with all other exceptions and objections that may be moved, proponed or alledged against the validitie of the said ratification, his majestie and estates of parliament hes dispensed and hereby dispenses for ever.
[1681/7/115]*[print] [email] [cite] [preceding] [following]
Our soveraign lord and estates of parliament, presently conveened by his majesties' speciall authority, have ratified and approven and, be thir presents, ratifies and approves ane chartor, containing precept of seasing, made and granted by his majestie, under his highnes['s] great seale, bearing date at Hampton Court, the fourteenth day of July jM vjC and sevinty-fyve years, whereby his majestie hes given, granted and disponed and, for his highnes and his successors, perpetually confirmed to umquhile Mr William Oliphant of Colcuquhar, in liferent, he being on life, and to David Oliphant, now of Colcuquhar, his eldest laufull sone, and his airs male to be procreat of his bodie in fie, whilks failyeing to returne to the said Mr William Oliphant, his airs and assigneyes whatsomever, heretably and irredeemably (with and under the conditions, provisions, limitations and restrictions respective therein specified conceaved in favors of the said umquhile Mr William Oliphant) all and sundrie the lands and others underwritten, viz, all and haill that halfe of the west end of Forgundeny, called Chartorsland, which sometime belonged to Thomas Fothringhame of Powrie, with housses, biggings, yairds, tofts, crofts, pairts, pendicles, annexis, connexis, dependancies and haill pertinents thereof, with commontie in the common of Forgundeny, alswell in the muir as in the Mounthillie or Ochill grounds of the samen, and in and be all pairts thereof, and that other halfe of all and haill the foresaid west end of the saids lands of Forgundeny, called Chartors lands, which belonged of old to James Bonar of Rossie, with the housses, biggings, yairds, tofts, crofts, pairts, pendicles, annexis, connexis, dependancies and haill pertinents of the samen, and with commontie in the said common of Forgundeny, alswell muir as hillie or Ochill ground thereof abovementioned, lyand within the shirefdome of Perth, with the burgh of barony and priviledge of erection of a burgh of baronie upon the west end of the said towne and lands of Forgundeny, or upon any pairt of the said towne of Forgundeny adjacent thereto, with weekly mercats thereof to be holden upon Tuesday weekly, with the free fairs of the samen twice in the year, one of them upon the tenth day of June, and the other thereof upon the fifteen day of October yearlie, with all and sundrie toles, customes, casualities and dewties of the said burgh of barony, weekly mercats and free fairs thereof, particularly and generally mentioned in the infeftment of the samen, granted be his majesties' dearest father King Charles the first, of ever blessed memorie, to Sir James Oliphant of Newtoun, knight, off the date at Holyrudhouse, the tuenty-thrid day of January jM vjC and thirtie years. And likewise, all and haill the two pairts of the shady halfe of that oxgate of land in Pitcaithlie, called the Oxgate of Pitcaithlie, with tennents, tennendries, service of free tennents thereof, lying betuixt the lands of Pitcaithlie and the lands of Killgirstoun, within the parochin of Dumbarnie and shirefdome of Perth foresaid; as also the towne and lands of Ardargie; and all and haill that pairt and pendicle thereof, called Torrens, with all and sundrie housses, biggings, yairds, orchyairds, tofts, crofts, annexis, connexis, outsettis, insettis, dependancies, pairts, pendicles and pertinents of the samen whatsomever, lying in the parochin of Forgundeny, and within the shirefdome of Perth foresaid, off the which towne and lands of Ardargie and pendicle foresaid of the samen called Torrens, with the pertinents, that halfe thereof which of old belonged to John Weymes, fiear of that ilk and the fourth pairt thereof, formerly belonging to George Oliphant of Bachiltoun, with the ninth pairt thereof pertaining of old to George Murray, elder of Strowan, and the remanent pairt of the said towne and lands formerly belonging to Gilbert Adamson, burges of the burgh of Perth, are proper pairts and pertinents, togither with the cornemilne lately bigged upon the said pendicle called Torrens, with the milnelands, multurs, knaveship and pertinents thereof whatsomever, lyand as said is, upon the said Mr William Oliphant his owne resignation, and whereby his majestie hes granted ane novo damus of the saids haill lands and others abovewritten with the pertinents, and hes erected the samen in ane haill and free baronie, called the barony of Forgundeny, in all time comeing, ordaining the mannor place thereof to be the principall messuage whereat, or upon the ground of any other pairt of the said baronie, ane seasing is to be taken for the whole, to be holden of his majestie and his successors in free blensch ferme and taxt ward respective, free barony, fie and heretage for ever, for payment for the said two pairt of the said shadow halfe of the oxgate of land called the Oxgate of Pitcaithlie, with tennents, tennendries, service of free tennents thereof and for all and haill the said halfe of the towne and lands of Ardargie, and halfe of the pendicle thereof called Torrens, and for the ninth pairt of the saids lands and the ninth pairt of the said pendicle and pertinents thereof foresaids, the rights and services used and wont, and in place thereof the taxt ward dewties respective underwritten, viz, the soume of fiftie pounds Scots money yearlie during the ward and nonentrie, alsemuch for the releiff and the soume of two hundreth pounds money foresaid for the mariage of the air, when and how oft soever the samen shall happen to fall; whereunto his majestie hes been graciously pleased, be the said chartor, to tax the said ward, nonentrie, releiff and mariages respective of the saids lands and others respective foresaids, and with dispensation to the airs to enter to the saids lands, notwithstanding of their minoritie in all time thereafter, and for the foresaids haill remanent lands respective abovewritten the blensch ferme dewties respective contained in the said chartor and former infeftments of the samen, and whereby his majestie promised in verbo principis to ratifie the said chartor and infeftment, containing the said change of holding from simple ward to taxt ward, in his majesties' next parliament, and required the estates of parliament to ratifie the samen accordingly, in maner at length specified in the said chartor; with the precept of seasing therincontained and instrument of seasing following thereupon, in the haill heads, clauses, obleidgements, conditions, tenors and contents thereof. And his majestie and estates of parliament foresaid, will, decerne and ordain the said generall ratification to be alse valide, effectuall and sufficient to the said David Oliphant of Colcuquhar, and his foresaids, as if the said chartor, precept and instrument of seasing generalie above ratified were herein de verbo in verbum at length insert and ingrossed; whereanent and with all other exceptions or objections that may be moved, proponed or alledged in the contrair against the validitie of the said ratification, his majestie and estates of parliament, for them and their successors, have dispensed and hereby dispenses for ever.
[1681/7/116]*[print] [email] [cite] [preceding] [following]
Our soveraigne lord and estates of parliament, presently conveened by his majesties' speciall authority, have ratified and approven and, be thir presents, ratifies and approves ane chartor, containing precept of seasing, made and granted be his majestie, under his highnes['s] great seale, bearing date att [...], the nineteenth day of July jM vjC and sevinty-two years, whereby his majestie, with consent of the lords commissioners of his thesaurie and exchequer, hes given, granted and disponed and, for his highnes and his successors, perpetually confirmed to Mr James Murray, minister at Logierait, during all the dayes of his lifetime and, failyeing of him be deceiss, to Patrick Murray, his eldest laufull sone, and his airs male and assigneyes whatsomever in fie, heretablie and irredeemablie (with and under the conditions and provisions therein mentioned conceaved in favors of the said Mr James Murray) all and haill the lands of Easter and Wester Doullaries, with the pairts, pendicles and pertinents thereof, lyand in the stewartrie of Stratherne and within the shirefdome of Pearth; and als, all and haill the towns and lands of Culteranich, with the housses, biggings, yairds, tofts, crofts, pairts, pendicles and pertinents thereof whatsomever, with all rights, bounds, meithes and merches used and wont pertaining or justly knowne to pertain thereto, farr and near, contigue or discontigue, lyand in the parochin of Creeff and within the stewartrie and shirrefdome foresaid; and all and haill that croft of land called Croftweit, with the housses, biggings, yairds and pertinents thereof whatsomever, lyand in the towne and territory of Creiff, within the stewartrie and shirefdome foresaid, comprehending all and haill these housses, yairds and litle peice of waist land, lyand betuixt the house and yaird sometime occupied be Thomas Glass, on the east, the arrable lands of Garvellmore, on the west, the common way, on the north and the litle vennell going directly westward from the kirk of Creiff to Garvellmore, on the south, and which croft of land called Croftweit is bounded betuixt the lands of Garvelbeg, on the east, and leading to the common way, on the north, and from thence leading to the common way, on the south, to the paroch kirk of Creiff on the west pairts; and siclike, all and haill that pairt and portion of the muir of Innerpeffray, bounded and limited as followes, viz, upon the west with the pow, upon the north and east with the burne called Mollenburne, till it come to the west end of the green of Monewine, where there is a cairne bigged upon the west brae of the burne, and upon the south fra the said cairne upon the burne brae, from stone to stone and cairne to cairne, till it come to the point of the north east newk of the fold belonging to the Newmilne, called Todhills, lyand in the baronie of Innerpeffray and within the shirefdome of Perth foresaids; upon the resignation of the said Mr James Murray, Humphray Murray of Culteranich and William Murray, fiear of Auchtertyre, and als have ratified the wadsett, right and disposition of the said pairt or portion of the said muir of Innerpeffray, made and granted by David, lord Madertie to the said William Murray, fiear of Ochtertyre, redeemable upon payment of sex hundreth merks Scots money, dated the fifteenth day of March jM vjC and fiftie-four years, with the precept of seasing therincontained and instrument of seasing following thereupon, and whereby his majestie hes granted a novo damus of the foresaids haill lands and others abovewritten, with the pertinents, with all right his majestie hes or may pretend thereto, with ane dispensation of ane seasing to be taken upon the ground of any pairt thereof, to be sufficient for the whole in all time comeing. [And] to be holden of his majestie and his successors, in maner respective underwritten, viz, the saids lands of Culteranich, with the housses, biggings and pertinents in few ferme, for payment of the soume of tuelve pund and tuelve shilling[s] Scots money yearlie, at the termes of Whitsonday and Mertimas be equall portions, with the mairts used to be payed furth thereof, at the termes of payment used and wont, as the old few ferme dewtie and augmentation used to be payed furth of the saids lands, with the duplication thereof at the entrie of the air, togither with the mariages when the samen shall happen, and with the other conditions and provisions mentioned in the said chartor; and the said croft of land called Croftweit, free blensch, for payment of three silver pennies upon the ground thereof at midsummar yearlie in name of blensch ferme; and the saids houses and yairds and litle peice of waist lands on the west pairt of the towne of Creiff, in few ferme, for payment of two shilling[s] money foresaid yearlie, at the saids termes of Whitsonday and Mertimas be equall portions, in name of few ferme; and the saids lands of Easter and Wester Doullaries, with the pertinents and the foresaid pairt or portion of the said muir of Innerpeffray, bounded in maner abovewritten, in ward, for payment of the rights and services used and wont, and in place thereof the taxt ward dewties respective underwritten, viz, the soume of fourty pounds Scots money yearlie during the ward and nonentrie, alsemuch for the releiff and the soume of fourscore pounds money foresaid for the mariage of the air, when and how oft soever the samen shall happen to fall, either be the saids lands holden in ward as said is, or be the saids lands of Culteranich with the pertinents holden in few ferme, with the mariages in maner foresaid; whereunto his majestie hes been graciously pleased, be the said chartor, to tax the saids ward, nonentrie, releiff and mariages respective of the saids lands, both ward and few, in all time comeing, and with dispensation to the airs to enter to the saids lands, notwithstanding of their minoritie in all time thereafter, and whereby his majestie promised in verbo principis to ratifie the said chartor and infeftment, containing the said change of holding from simple ward to taxt ward, in his majesties' next parliament, and required the estates of parliament to ratifie the samen accordingly, in maner at length specified in the said chartor; with the precept of seasing therein contained and instrument of seasing following thereupon, in the haill heads, clauses, obleidgements, conditions, tenors and contents thereof. And his majestie and estates of parliament foresaid, will, decerne and ordain the said generall ratification to be als valide, effectuall and sufficient to the said Mr James and Patrick Murrays, and their foresaids, as if the said chartor, precept and instrument of seasing generallie above ratified were herein de verbo in verbum insert and ingrossed; whereanent and with all other exceptions or objections that may be moved or alledged against the validitie of the said ratification, his majestie and estates of parliament, for them and their successors, have dispensed and hereby dispenses for ever.
[1681/7/117]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with advice and consent of his estates of parliament, considering the good and faithfull services done and performed to his majestie, alswell in time of peace as warr, by William Colquhoun of Craigtoun, therefore our said soveraign lord, with advice and consent foresaid, be thir presents ratifies, approves and perpetually confirmes to the said William Colquhoun, his airs and assigneyes whatsomever, ane chartor made and granted by our said soveraign lord, with consent of the lords commissioners of his majesties' thesaurie and exchequer, under his majesties' great seale of this his ancient kingdome, off the date at Whitehall, the nineteenth day of November jM vjC and seventie-sevene years, whereby his majestie, with consent foresaid of the commissionars of his majesties' thesaurie and exchequer, gave, granted and disponed and perpetually confirmed to John Stark of Killearmont, in liferent during his lifetime, and to John Stark, his sone in fie, and his airs male and of tailyie and assigneyes therin mentioned, heretablie and irredeemablie, all and haill the ten pound land of Craigtoun Tombuie, comprehending the lands of Carmeden, Byshot, Gylsheugh, Caldstream, Lonend, with the milne of Craigtoun, lyand within the parochin of Eister Kilpatrick and shirefdome of Dunbritaine, with housses, biggings, yairds, outfields, infields, grasseings, pasturages, annexis, connexis and uther priviledges and casualities pertaining and belonging to the lands and others abovespecified, lyand as said is, togither with all right, title, interest, clame of right, propertie and possession which his majestie or his royal progenitors had or could pretend to the samen (with and under the provisions and conditions therein mentioned) all resigned in the hands of the saids lords of his majesties' exchequer, be vertue of ane procuratorie of resignation made and granted be the said John Stark, elder of Killearmont, for that effect togither with the clause de novo damus of the saids lands, milne and uthers abovewritten, with the pertinents, in favors of the saids John Stark, elder and younger, and erection of the saids lands in ane haill and free baronie, called the baronie of Craigtoun, and appointing the mannor place of Craigtoun to be the principall messuage of the said baronie, and ane seasing to be taken thereat, or upon the ground of any pairt of the saids lands of Craigtoun, to be ane sufficient seasing for the whole; to be holden of our said soveraign lord, and his majesties' successors, in fie heretage and free baronie for ever, with the priviledges of a baronie and uthers therin exprest, giveand therefore yearlie the rights and services used and wont, provideing alwayes, likeas be the said chartor it is provided and declared, that how oft and whensoever it should happen the foresaids lands, milne and uthers foresaids with the pertinents to fall and become in the hands of our said soveraign lord, or his majesties' successors, be reason of ward and nonentrie, or either of them, then and als oft, it shall be laufull to the airs and successors of the said John Stark, his said sone and their foresaids, to possess and enjoy the foresaids haill lands, baronie and others foresaids with the pertinents, and to uplift and intromett with the maills, fermes, profites and dewties thereof, during the said ward and nonentrie, and either of them from time to time, in all time comeing, for payment to our said soveraign lord and his majesties' successors yearlie, during the time of the ward, of the soume of ane hundreth merks Scots money, alsmuch for the nonentrie, the like soume for the releiff and of the soume of two hundreth merks money foresaid for the mariage of the air or airs of the said John Stark, his said sone and their foresaids, when the samen shall vaick, and to which soumes his majestie, with consent of the saids commissioners of thesaurie and exchequer did, by the said chartor, tax and restrict the said ward, nonentrie, releiff and mariage, in all time comeing; and then, as if the samen were alreadie fallen out, our said soveraign lord, with consent foresaid (for the causes abovewritten) gave, granted and disponed the samen and haill benefite and profite thereof to the saids John Stark, elder and younger, and their foresaids, for payment of the taxt dewties above exprest, and hath given warrand to the airs and successors of the saids John Starks, elder and younger, and their foresaids to obtain themselves served, retoured and infeft as airs in speciall to their predicessors, and that be breeves furth of the chancellarie, notwithstanding that they hold taxtward and that they be minors for the time, anent whose minoritie and with the saids services, retoures and precepts thereon and all having interest therintill, his majestie, with consent foresaid, for himselfe and his royall successors, be the said chartor, dispenses for ever; togither with the precept of seasing contained in the said chartor and instrument of seasing following thereupon; togither also with ane disposition of the saids lands made and granted be the saids John Starks, elder and younger, with consent of Mr Patrick Bell, merchant in Glasgow, to and in favors of John Craig, merchant there, in liferent and John Craig, his eldest laufall sone, his airs and assigneyes whatsomever in fie, heretablie and irredeemablie, with the instrument of resignation, chartor and infeftment following thereon, togither in like maner with ane other disposition of the saids lands, baronie, milne and others abovewritten, made and granted be the said John Craig, elder, to the said William Colquhoun, and his foresaids, of the date the [...] day of October jM vjC and fourscore years, with the instrument of resignation following upon the said disposition, and chartor granted be his majestie, under the great seale of the said kingdome, to the said William Colquhoun, and his foresaids, upon the said resignation of the date, the tenth day of December jM vjC and eightie years, with the precept of seasing therein contained and infeftment following upon the samen, in the haill heads, articles, clauses, provisions and conditions of the samen. And siclyke, our said soveraign lord, with consent of the saids estates of parliament, decernes and ordains the foresaid generall ratification to be als valied and sufficient, and of als great force, strength and effect, to all intents and purposes, as if the foresaids chartors, seasings, dispositions and uther writs abovewritten wer particularlie de verbo in verbum insert hereintill, albeit not so done; whereanent and with all that may follow thereupon, his majestie, be thir presents, with consent foresaid, dispenses for ever. And farther, our said soveraign lord, with consent foresaid of his saids estates of parliament, for the causes above specified, hereby of new gives, grants and dispones and, for his majestie and his royall successors, perpetually confirmes to the said William Colquhoun, his airs and assigneyes foresaids, heretablie and irredeemablie, all and haill the saids lands and baronie of Craigtoun, comprehending and lyand, as said is, and appoints the messuage to be and seasing to be taken as aforesaid; to be holden of our said soveraign lord and his royall successors in fie heretage, taxt ward and free barony for ever, with the priviledges of barony and uthers contained in the saids chartors, for payment of the taxt dewties therein contained, and dispenses with all nullities, faults and imperfections in and uther grounds of the law competent against the said William Colquhoun, or his foresaids, for reduceing, quarrelling and impugneing their owne or their authors' rights of the saids lands, barony and uthers foresaids, for whatsomever cause or occasion bygone, and renunces and overgives the samen in their owne favors for ever.
[1681/7/118]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, for himselfe and as prince and stewart of Scotland, with the speciall advice and consent of his estates of parliament, be thir presents, ratifies and approves ane charture granted by his majestie, under his great seale, with advice and consent of the commissioners of his majesties' thesaurie and exchequer, dated at the court of Whitehall, the fourteenth day of December jM vjC, thriescore [and] eleven years, to and in favors off his majesties' lovit Robert Boyd of Portincross, his airs and assigneyes whatsomever heretablie, off all and haill the five merk land of Arneill, with the pairts, pendicles and pertinents of the samen, lyand within the parochin of Kilbryde, bailliarie of Cuninghame and shirefdome of Air, proceeding upon the said Robert Boyd his owne resignation, togither with the clause de novo damus therin contained, to be holden be the said Robert Boyd, his airs and assigneyes foresaid, of our said soveraign lord and his royall successors, princes and stewarts of Scotland, in taxt ward, for payment of the yearlie taxt ward dewties underwritten, viz, for the ward and nonentrie of the airs and successors of the said Robert Boyd, during the whole time and space thereof when the samen shall happen, ane yearlie dewtie of tuenty pounds Scots money, at two termes in the year Whitsonday and Mertimas be equall portions, and the like soume of tuentie punds money foresaid for the releiff thereof, and for the mariage of the airs and succesors of the said Robert Boyd, the soume of ane hundreth pounds Scots money foresaid, als often as the samen shall happen to vaick, for payment of which yearlie dewties and soumes of money abovewritten, the said ward, nonentrie, releiff and mariage are disponed, notwithstanding that the foresaid lands, with the pertinents, held formerly simple ward of his majestie, togither with the precept of seasing under his majesties' quarter seale following thereupon, and instrument of seasing following on the samen, in all and sundrie the heads, clauses, articles and conditions contained in the said chartor, precept and instrument of seasing. And his majestie wills and grants and, for him and his royall successors, with consent foresaid, decernes and declares that this present generall ratification shall be als valide, effectuall and sufficient to the said Robert Boyd, and his foresaids, as if the foresaid chartor, precept and instrument of seasing were word by word herein insert and ingrost; whereanent his majestie hes dispensed and, be thir presents, with consent foresaid, dispenses for ever.
[1681/7/119]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, as king and as prince and stewart of Scotland, with the speciall advice and consent of his estates of parliament, be thir presents ratifies and approves ane chartor granted by his majestie, under his great seale, with the advice and consent of the commissioners of his majesties' thesaurie and exchequer, dated the eight day of Julie jM vjC and sevinty-sex years, to and in favors of his majesties' lovit Coline Campbell of Ormadill, and his airs male whatsomever, whilks failyeing to his nearest aires and assigneyes whatsomever, heretablie and irredeemablie, without any maner of reversion, regress or redemption whatsomever, off all and haill the ten merk land of old extent of Auchadaderriffe and Ardaphubill, with the mannor place, housses, biggings, yairds, orchyairds, dowcats, woods, alswell oak as other trees, fishings, lochs, moss, muirs, meadowes, pasturages, sheillings, communities, milne, milnelands, multures and sequells thereof, pairts, pendicles, priviledges and pertinents of the samen whatsomever, lyand in Cowall and shirefdome of Argyle. As also, off all and haill the tuentie pound, sex shilling, eight pennie land of old extent of Stronkinknock, viz, the lands of Ormadill, the lands of Innerneillmore, the lands of Ardgalchrage and Bealloch, the lands of Ardincraiffe, the lands of Lairichbuy, the lands of Auchintean, the lands of Fernoch, the lands of Congachie, the lands of Fiorlin-More, togither with the Isle of Ellangreag, with the castle, tower and fortalice thereof, and remanent isles pertaining to the saids lands, with the mannor place, housses, biggings, yairds, orchyairds, dowcats, woods, alswell oak as other trees, lochs, marishes, muirs, meadows, pasturages, sheillings, communities, tennents, tennendries, service of free tennents, with the milnes, milnelands, multures and sequells of the samen, pairts, pendicles and pertinents thereof whatsomever, all unit, annexed and incorporat in ane haill and free baronie, called the baronie of Ormadill, lyand in Cowall and shirefdome of Argyle, proceeding upon the said Coline Campbell of Ormadill his owne resignation, togither with the clause of novo damus therein contained, and dispensation anent the taking of ane seasing upon any pairt of the saids lands of Auchadaderriffe and Ardaphubill, or at the said castle and tower of Ellangreag, or any other pairt or portion of the saids lands, to be sufficient for the whole; to be holden the saids lands of Auchadaderriff and Ardaphubill of his majestie, as king, and the said tuentie pound, sex shilling, eight pennie land of Stronkinknock, comprehending as said is, as prince and stewart of Scotland, in taxt ward, for payment of the yearlie taxt ward dewties underwritten, viz, for the ward and nonentrie of the said Coline Campbell, his airs and successors for the saids lands of Auchadaderriffe and Ardaphubill, when the samen shall happen yearlie, during the whole space thereof, the soume of tuentie merks Scots money, at two termes in the year Whitsonday and Mertimas be equall portions, with the soume of tuentie merks money foresaid for the releiff thereof, when the samen shall happen, and for the mariage of the saids airs and successors, so oft as the samen shall happen to vaick, the soume of fourty merks money foresaid, and for the ward and nonentrie of the saids airs and successors for the foresaid tuenty pound, sex shilling, eight pennie land of Stronkinknock, comprehending as said is, when the samen shall happen during the whole space thereof, yearlie the soume of ane hundreth merks money foresaid, and for the releiff thereof, when the samen shall happen, the like soume of ane hundreth merks, with the soume of two hundreth merks money foresaid for the mariage of the airs and successors foresaids of the said Coline Campbell, when the samen shall happen to vaick, for payment of which yearlie taxt dewties and soumes of money respective abovewritten, the said waird, nonentrie, releiff and mariage are disponed, notwithstanding that the saids haill lands with the pertinents held formerlie simple waird of his majestie, with the precept of seasing contained in the end thereof and instrument of seasing following thereupon, togither with ane disposition granted be the said Coline Campbell of Ormadill, with consent of Duncan Campbell, his eldest laufull sone, to Archibald Campbell of Inchenarousk and Coline Campbell, his eldest laufull sone, and the airs male, tailyie and provision therein mentioned, of the saids ten merk land of Auchadaderriff and Ardaphubill with the pertinents, dated the sevinteenth day of February jM vjC and sevinty sex years, togither also with ane other disposition granted be the said Coline Campbell of Ormadill, with consent of his said sone, to the said Archibald Campbell, and his said sone, their airs male, tailyie and provision therein specified, of the foresaid tuenty pound, sex shilling, eight pennie land of Stronkinknock, comprehending and unit as said is, dated the sexteen day of May jM vjC and sevintie seven years, with the chartor and infeftment, following on both the saids dispositions and other grounds therin contained, under his majesties' great seale, dated the thrid day of August jM vjC and sevintie seven years, with the precept of seasing contained in the end thereof and instrument of seasing following thereupon, in all and sundrie the heads, clauses, articles, conditions and provisions therein contained. And his majestie wills and grants and, for him and his royall successors, with consent foresaid, decerns and ordaines that this present generall ratification shall be als valide, effectuall and sufficient to the said Coline Campbell of Ormadill, the said Archibald Campbell, and his said sone and their foresaids, as if the foresaid chartors, dispositions, precepts and instruments of seasing were all at length and word by word herein insert and ingrossed; whereanent his majestie hes dispensed and, be thir presents, with consent foresaid, dispenses for ever.
[1681/7/120]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with advice and consent of his majesties' estates of parliament of this his ancient kingdome of Scotland, taking to their serious consideration the good, true and thankfull service done to his highnes and his progenitors in time past by Mr Alexander Forbes of Foveran, and his predicessors, hes ratified, approven and confirmed and, be thir presents, ratifies, approves and confirmes ane chartor, under his highnes['s] great seale of this kingdome, off the date at his majesties' court at Whitehall, the fifteenth day of Aprile, in this instant year of God jM vjC and eightie-one years, proceeding upon ane signature superscrived by his majestie of the same date, whereby our said soveraign lord, with advice and consent of the lords commissioners of his majesties' thesaurie and exchequer, gave, granted and disponed to the said Mr Alexander Forbes, in liferent during all the dayes of his lifetime, and Samwell Forbes, his eldest sone laufull, and the airs male to be lawfully procreat of his body, whilks failyieing to John Forbes, his second laufull sone and the airs male to be laufullie procreat of his body, whilks failyieing to the said Mr Alexander Forbes his eldest air female, without division (she marying ane gentleman of the surname of Forbes or one who shall assume and take the name and armes of the said Mr Alexander Forbes), whilks failyieing to the said Mr Alexander Forbes his nearest and laufull airs and assigneyes whatsomever, heretablie and irredeemablie, but any maner of reversion, redemption or regress whatsomever, under and with the provisions, conditions and reservations mentioned in the said chartor, which are and shall be holden as herein insert, all and haill the tower, fortalice and mannor place of Foveran, with the maines thereof, the seatoune and right of white fishing and salmond fishing, with the right of the places and seats of the church, with the isle and funerall place thereof, with the haill pairts, priviledges and pertinents thereof, togither with the new and old milne of Foveran, with the milne pleugh, milnelands, astricted multures, sucken and knaveships thereof, with the church croft and the towne and lands of Pitskaff, Grayeshillock, with the haugh, grass and uther priviledges, as the samen was formerly possest by John Watson, and now by William Busset, the towne and lands of Kirkhill, Overhill, Saack, Dalgerso, Pitmillen and Reidmoss belonging thereto, Drimies, Newtyle, Laichmyres, and milnes of Foveran, the walk milne croft, with the milne pleugh and croft thereof, togither with the Broadland moss, and all uther rights and priviledges thereof, with the pairts, pendicles and pertinents of the saids lands and teinds thereof; and likewise, all and haill the towne and lands of Gregs, Ardo, now called Forbes Ardo, with the mannor place of Ardo and croft, sometime possest by William Harvie, the towne and lands of Aikinshill and mosses thereof, and the croft possest by James Hay, with priviledge and libertie to the tennents and possessors of the saids lands of fewall, pasturage and with all other just liberties and priviledges in the moss of Kirkhill, with the teind sheaves, multures and knaveships of the saids lands, and with all and sundrie housses, biggings, yairds, orchyairds, muirs, mosses, marishes, commonties, pasturages, tofts, crofts, outsetts, insetts, annexis, connexis, dependancies, meadows, pasturages, pairts, pendicles, priviledges and pertinents of the foresaids haill lands and crofts, lying within the barony of Foveran parochin thereof and shirefdome of Aberdeen. And all and haill the towne and lands of Tillieve, east and west halfes thereof, with the croft thereof, called Calsiend, with all uther crofts, ousetts, insetts, pairts and pendicles of the samen, alswell not named as named, with the housses, biggings, yairds, orchyairds, muirs, marishes, commonties, pasturages, annexis, connexis and pertinents thereof, with the multures, sequells and knaveships of the saids haill lands of Tillieve and croft thereof foresaid, called Calsiend, lying of before within the barony of Udney, parochin thereof and shirefdome of Aberdeen. As also, all and haill the towne and lands of Tilliry, which were proper pairts and pendicles of the said baronie of Udney and Auchlune, with the mannor place of Tilliry and cornemilne built thereupon, with the milnelands thereof and pendicles of the lands of Tilliry, commonly called Howlands, with all and sundrie housses, biggings, yairds, tofts, crofts, outsetts, insetts, annexis, connexis, muirs, mosses, marishes, common pasturages and pertinents thereof whatsomever, lying within the baronie of Udney, parochin of Foveran and shirefdome of Aberdeen foresaid, with priviledge and libertie to the said Mr Alexander Forbes and his tennents, and possessors of the saids lands of Tilliry, Skellifuird, Howlands, milne, milnelands and haill pairts and pendicles of Tilliry, of delving, winning and carying away of peitts out of the laich moss of Auchlune, or any pairt thereof, togither with all right, title, interest, clame of right, propertie and possession which his majestie or his predicessors had, have or any wayes may have, clame or pretend thereto, be whatsomever maner of way, upon the resignation of the said Mr Alexander Forbes, and certane uther persons therinmentioned, whereby also his majestie, for the causes therein mentioned, did of new give, grant and dispone to the said Mr Alexander Forbes, and his saids sones and their foresaids, the haill lands, barony and uthers particularly abovewritten, and did unit the same in ane full and free barony, called the barony of Foveran, and ordained the manner place of Foveran to be the principall messuage thereof; to be holden of our soveraign lord in simple ward, in maner mentioned in the said chartor, whereby also, our said soveraign lord, of his highnes['s] certane knowledge and proper motive, for the causes abovewritten and certane other causes and considerations, changed the holding of the saids lands and barony of Foveran, comprehending the haill townes, lands, milnes, milnelands and uthers abovewritten, lying and bounded in maner abovementioned, from their former holding of simple ward to taxt ward, for payment of the soume of two hundreth pounds Scots money, at two termes in the year Whitsonday and Mertimas be equall portions, during the time and space of the said ward and nonentrie, as also the like soume of two hundreth pounds money foresaid for the releiff of the saids lands, and others abovespecified, when the samen shall happen, with the soume of four hundreth pounds money foresaid for the mariage of the air or airs of the said Mr Alexander Forbes, and his saids sones and their foresaids, or their assigneyes succeeding to them in the lands, barony and others abovespecified, togither with the precept of seasing contained in the said chartor and instrument of seasing following or that shall follow thereupon, in all and sundrie the heads, points, articles and clauses therin contained, after the forme and tenor thereof. And our soveraign lord, with advice and consent of his estates of parliament, statuts and ordaines that this present ratification of the foresaid chartor, precept and instrument of seasing following or that shall follow thereupon, is and shall be als valide, effictuall and sufficient as if the samen chartor, precept and instrument of seasing were at length herein insert, dispenseing with the not inserting thereof, be thir presents in this act of ratification. Likeas his majestie, with advice and consent foresaid, wills and ordaines the lands, baronie and others abovespecified, in all time comeing, to be holden of his majestie and his successors be the said Mr Alexander Forbes, his saids sones and their foresaids, in taxt ward for yearlie payment of the taxt dewties of ward, nonentrie, releiff and taxt availl of the mariage abovespecified, notwithstanding that the lands and others abovewritten were formerly otherwayes holden, and finds and declares, statuts and ordaines that the foresaid chartor, with the precept and instrument of seasing to follow thereupon, with the remanent rights and securities made to the said Mr Alexander Forbes, and his predecessors and authors, of the saids lands, baronie and others abovespecified, shall be sufficient and valide rights and securities for bruiking and enjoying the samen lands, barony and others abovewritten in all time comeing, to be holden of his majestie and his successors in taxt ward, in maner above rehearsed, and ordaines thir presents to be a sufficient warrand to the clerk of register and his deputs for extending and expeding ane act of parliament, in due forme.
[1681/7/121]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with advice and consent of his majesties' estates of parliament of this his ancient kingdome of Scotland, taking to their consideration the good, true and faithfull service done to his highnes and his progenitors in time past, by Richard Elphingstoun of Airth, hes ratified, approven and confirmed and, by thir presents, ratifies, approves and confirmes the chartor, under his majesties' great seale of this kingdome, of the date at his majesties' court at Whitehall, the eight day of February jM vjC and sevinty-eight years, proceeding upon a signature superscribed by his majestie of the same date, whereby our said soveraign lord, with advice and consent of the lords commissioners of his majesties' thesaurie and exchequer, gave, granted and disponed and, for him and his successors, perpetually confirmed to the said Richard Elphingstoun, therein designed younger of Calderhall, and Jean Bruce, his spouse, the longest livear of them two in conjunctfie, and the airs male to be procreat betuixt them, which failyeing to any uther air male to be procreat of the said Richard his body of any uther mariage, which failyeing to the eldest air female, without division, procreat or to be procreat betuixt the said Richard Elphingstoun and Jean Bruce, which failyeing to the said Richard his eldest air female of any uther mariage, without division, which failyeing to the airs male procreat betuixt the said Jean Bruce and umquhile John Hamilton of Grange, which failyieing to the said Richard his airs and assigneyes whatsomever, heretablie and irredeemablie, under and with the burdens, provisions and conditions therein mentioned, all and haill the lands and barony of Airth and maines thereof, lying north from the Pow of Airth, with the tower, fortalice and mannor place of Airth, with all and sundrie housses, biggings, yairds, orchyairds, milne, milnelands, astricted multures thereof, tofts, crofts, mosses, muirs, commontie, common pasturage, woods, fishings, salmond, cruves and uther fishings upon the waters of Forth and Airth belonging to the saids lands and barony, with all and sundrie coalls, coallhousses, coallhills, saltpanes, salthousses and salt girnalls, with all works and instruments of the saids coallhewghs and saltpanns of the said barony of Airth, with the horse milne and water milne, with all and sundrie pairts, pendicles, annexis, connexis, tennents, tennandries and service of free tennents, off all and haill the foresaid lands and baronie of Airth and uthers abovewritten, and haill pertinents thereof, within the bounds, meithes and merches thereof mentioned in the infeftments of the same, made and granted to umquhile Alexander, earle of Linlithgow, under his highnes['s] great seale, off the date the fourteenth day of February jM vjC and tuenty-two years, togither with the right and priviledge of ane free baronie, off all and sundrie the foresaid lands and uthers abovewritten, with the burgh of baronie of Airth, with the port and harbour thereof, with all priviledges, liberties, immunities, casualities and pertinents of the said baronie, burgh of baronie, port and harbour of ships and uthers abovespecified, within the bounds and merches abovespecified; as also, all and haill the lands called the Hill of Airth, and two oxgate of land belonging thereto, with the lands, aikers and croft called the East Yaird, and peice land called Laverock Muir, with the teinds thereof and aikers of land in Montjoy, with the haill uther particles of the saids lands of whatsomever name or designation the same be of, pertaining to the saids lands, barony and uthers abovewritten, sometime occupied by the said Alexander, earle of Linlithgow and his tennents; as also, all and haill these three fifth pairts of the eight oxengate of land of Ardmillare, with the brewarie thereof; as also, all and haill these five pairts of the said eight oxgate of land of Ardmillare, with the brewarie thereof, pertaining to the said Alexander, earle of Linlithgow, with all and sundrie yairds, orchyairds, gardines which pertained to the said umquhile Alexander, earle of Linlithgow, with all and sundrie housses, yairds, orchyairds, pasturadges, commontie, mosses, muires, meadowes, tennents, tennendries and service of free tennents, and haill pertinents, with all and sundrie coalls, coallheughes of the saids lands and baronie of Airth, and uthers abovewritten, alswell beneath the earth as above the same, and within the sea sand thereof and flood mark of the same, lying before and against the saids lands of Airth on the north pairt of the Pow thereof, togither with the priviledge and jurisdiction of regalitie, and all uther jurisdiction which pertained to the said umquhile Alexander, earle of Linlithgow, or whereunto he had right within the saids lands and barony, burgh of baronie and uthers abovewritten, or any pairt thereof; as also, all and sundrie the teind sheaves and uther rents, profites and emoluments of the kirk and paroch of Airth, all lying within the parochine of Airth and shirefdome of Stirling, and all unit, annexed, creat and incorporat, before diverse times, in ane full and free baronie called the barony of Airth, and the tower and mannor place of Airth was ordained to be the principall messuage of the said barony; upon the resignation of Mr James Elphingstoun, writer to his majesties' signet, as also his majestie, for the causes therein mentioned, did of new give and grant to the said Richard Elphingstoun and Jean Bruce, and their foresaids, the haill lands and barony of Airth, milne, coallheughes, salt panns and uthers particularlie abovewritten, whereby also, our said soveraign lord, considering that the said towne and lands of Airth were before erected in ane burgh of barony, called the burgh of barony of Airth, therefore and in respect the same was commodious to his majesties' liedges resorting thereunto, and for policie to be made within the said towne, his majestie did of new make, constitut and erect all and haill the said tenements, cottages, housses, biggings and uthers abovewritten, within the territories thereof, in a full and free burgh of baronie to be called, then as of before, in all time comeing, the burgh of barony of Airth, with libertie to the inhabitants thereof to be receaved free burgesses be the said Richard Elphingstoun, and his foresaids, and did give full free power and libertie to them to sell wyne, walx, pitch, lint, cloath, alswell lining as woollen, with all other sort of staple goods, and to pack and peill within the same, with full power to them to admitt all sorts of tradsmen and merchants necessar, and of chooseing baillies, clerks, serjants and all other members of court needfull for governing thereof, and to have a tolbuith and tron within the said burgh, as should seem convenient to them, and to keep ane mercat upon Tuesday weekly, and to keep, celebrate and use two faires yearlie within the said burgh, the one thereof to be holden upon the fourteen day of July, called [...], and the other thereof upon the eighteen day of October, called [...], to last during the space of eight dayes, and to receave the customes thereof, and to apply the same to their owne proper use, with power to the said Richard, and his foresaids, to fine, incarcerat and punish transgressors, with severall other priviledges and immunities mentioned in the said chartor, in maner and at more length therein contained; to be holden few blensch and ward, in maner therein specified, likeas our soveraign lord, with consent abovementioned, for the causes abovewritten, changed the holding of the said three fyve pairts of the said eight oxgate of land of Ardmillare, with the brewarie thereof, and haill housses, biggings, salt panns, coalls, coallheughes, port, harbour, burgh of baronie, liberties and priviledges abovewritten, from simple ward to taxt ward, for payment yearlie, to his majestie and his successors, during the time of the ward and nonentrie, or either of them, of the soume of fourtie merks Scots money, at two termes in the year Witsonday and Mertimas be equall portions, as also the soume of fourtie merks for the releiff of the saids lands and others abovewritten, when it shall happen, with the soume of eightie merks for the mariage of the air or airs of the said Richard succeeding to him in the lands and others abovewritten, in maner at more length mentioned in the said chartor; togither with the precept of seasing therein contained and instrument of seasing following thereupon, in all and sundrie heads, points, clauses, articles and circumstances therin contained, after the forme and tenor thereof in all points. And our said soveraign lord, with advice and consent of the estates of parliament, statuts and ordaines that this present ratification of the foresaid chartor, precept and instrument of seasing following thereupon, is and shall be als valide and effectuall as if the foresaid chartor, precept and instrument were at length herein insert, dispenseing be thir presents with the not inserting thereof in this act of ratification. Likeas his majestie, with advice and consent foresaid, wills, grants and ordaines the lands, barony, burgh of barony and uthers abovewritten, in all time comeing, to be holden of his majestie and his successors be the said Richard Elphingstoun and his foresaids, in few blensch and taxt ward, in maner respective abovewritten, and for payment of the blensch and few dewties therein contained, and of the taxt dewties and taxt availl of the mariage above rehearst, notwithstanding that the saids lands of Ardmillare and brewarie thereof, with the housses, saltpanns, harbour, burgh of barony and uthers foresaids therein comprehended, were formerly otherwayes holden; and finds, declares, statuts and ordaines that the foresaid chartor, with the precept therein contained and instrument of seasing following thereon, with the remanent rights and securities made to the said Richard, his predicessors and authors of the lands, barony, burgh of barony, port and harbour foresaids, and weeklie mercats, shall be sufficient, valide rights and securities for bruiking the samen lands, barony and others abovewritten, in all time comeing.
[1681/7/122]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with advice and consent of the estates of parliament of his ancient kingdome of Scotland, considering that the towne and lands of Roseheartie, pertaining heretablie to his majesties' right trusty cousine Alexander, lord Forbes of Pitsligo, lyand within the parochin of Pitsligo and shirefdome of Aberdeen, is situat up on the east pairt of the said shirefdome, and hath ane harbour and seaport lying upon the north pairt of the said towne and lands, and is distant from any burgh royall by the space of [...] myles at leist, and therefore may be commodious and profitable for the trade of fishing lately erected, and further that the ships and other vessells, frequenting to that coast, may be accomodat and supplied in all necessars which that countrie affoords, and that his majesties' liedges and others comeing to the said bounds may be abundantly accomodat in quartering and utherwayes, if the inhabitants of that towne were encouraged by erecting of the same in ane free burgh of barony, and harbour thereof in ane free sea port; our said soveraign lord, with advice and consent of his saids estates of parliament, hes ratified, approven and confirmed and, be thir presents, ratifies, approves and confirmes ane chartor, under his highnes['s] great seale of this kingdome, of the date at his majesties' court at Winsore Castle, the thirteenth day of July jM vjC and eightie-one years instant, proceeding upon ane signature superscribed by his majestie, of the same date, whereby our said soveraign lord, for increass of policie and civilitie and for diverse other good causes and considerations, of his owne certane knowledge, proper motive, kingly authoritie and princely power, with advice and consent of the lords commissioners of his majesties' thesaurie and exchequer, made, erected, constitut and created the said towne and lands of Roseheartie, with the housses, biggings, yairds, tenements, vesteids, rudes, tofts, crofts, pairts, pendicles and pertinents thereof, in ane full and free burgh of barony, and port and harbour thereof in ane free harbour and seaport, to be called now, and in all time comeing, the burgh of baronie of Roseheartie, and port or harbor of Roseheartie, and his majestie thereby, with advice and consent of the saids lords commissionars of thesaurie and exchequer, gave and granted to his said right trustie cousine Alexander, lord Forbes of Pitsligo, his airs and successors in his said lordship and baronie of Pitsligo, full power, right, libertie and priviledge to repair the foresaid port and harbour, and to build and erect and appoint a free seaport and harbour in any other pairt over against the town and lands abovespecified, as they shall think expedient, for the better accommodation of his majesties' liedges and others repairing thereto, and all bullworks and other works necessar thereto, which burgh of baronie and all and sundrie housses, biggings, yairds, tenements, vesteids, outhousses, biggings, built or to be built thereupon, aikers, rudes, tofts, crofts and other pertinents thereof; and siclike, all and haill the foresaid harbour built, as said is, with all and sundrie priviledges, immunities, liberties, casualities, anchorages or dueties belonging to the said burgh of baronie or sea port, or to any uther burgh of barony and free seaport within the said kingdome of Scotland; [and] his majestie, with advice and consent of the saids lords commissionars of thesaurie and exchequer, gave, granted and disponed to his said right trusty cousine Alexander, lord Forbes of Pitsligo, and his abovespecified, with full and speciall power and priviledge to them to elect, make, erect, creat and constitut baillies, burgesses, clerks, officers, serjants and other officers necessar within the said burgh for guiding and governing thereof, and to elect, change and retaine the saids baillies, clerks and other officers yearlie in the saids offices, as they shall think fitt, and with full power and priviledge to the burgesses of the said burgh, in all time comeing, to buy and sell walx, wyne and cloath, lining and woollen, broad and narrow, and all uther merchant wair and staple goods, without any obstacle or impediment, and within the said burgh to have, hold, admitt and receave baxters, brewars, fishmungers, tailliors, shoemakers, wobsters, smiths, wrights and all uther craftsmen necessar pertaining and belonging to a free burgh of baronie, and to build, have and hold within the said burgh ane tolbuith and mercat croce, and a weekly mercat wpon Fryday, togither with two free yearlie faires, the one thereof upon the first Tuesday of July and the other upon the second Tuesday of October yearlie, with power and libertie to his majesties' right trustie cousine, and his abovespecified, to take order (conforme to equitie, conscience and the law of the countrey) with all those who shall trouble and molest the saids faires or mercats, or any person or persons comeing to the same, to collect, uplift, intromett with and apply the toles, customes and uther dewties of the saids mercats and free faires to their owne proper use, and likewise, with speciall and free power to them to receave resignations of the haill lands, tenements, annuelrents and others within the said burgh of baronie and bounds thereof, and to give and dispone the samen to any person or persones, in whose favors the samen shall be resigned, or at whose instance the samen shall be apprised, and to enter the airs succeeding thereto, from time to time, and to grant unto them infeftments, chartors, seasings and uther evidents necessar within the foresaid burgh and bounds thereof, and to sett, begin, affix and continue courts alse oft as need bees, and to creat clerks, serjeants, dempsters and uther members necessar, and in the foresaids courts to place, inputt and outputt at their pleasure, absents to amerciat, transgressors to punish, conforme to the laws of the said kingdome, the unlawes and escheits of the said court to uplift and receave and to apply to their owne proper use, and if need bees for the samen to poind and distrenyie, and generallie all and sundrie other things anent the premisses to doe, use and exerce, siclike and als freely, in all respects, as any other burgesses of whatsomever uther burgh within the said kingdome have done or may doe, with power and libertie to his majesties' said right trustie cousine, and his abovewritten, to ask, require, receave, intromett with and uplift all and sundrie the small customes, anchorages, docksilver, ground lyne, and all others dewties and emoluments of the said harbour or seaport of Roseheartie, in all time comeing, and to apply the samen to their owne proper use or dispone thereupon at their pleasure, siclike and als freely in all respects as the samen are uplifted by any uthers his majesties' vassalls, heretors or proprietars of any other harbour or seaport within the foresaid kingdome of Scotland, with power also to load and unload at the foresaid port or harbour all ships, crears, barks, boatts and other vessells comeing thereto or saileing therfra, and to bruik, enjoy, use and exerce all uther priviledges, immunities and liberties, and to uplift all and sundrie dewties and customes of the foresaid port and harbour, alse freely as the heretors of any other port or harbour have done or laufullie may doe at any time bygone, or may doe in any time comeing. And further, his majestie, with advice and consent of the saids lords commissionars of thesaurie and exchequer, of his owne certane knowledge, proper motive, kingly authoritie and princely power, thereby united and annexed the foresaid burgh of barony, free harbour and seaport and others abovewritten, to his majesties' said trustie cousine Alexander, lord Forbes of Pitsligo, his lands and barony of Pitsligo, ordaining the mannor place of Pitsligo to be the principall messuage of the said barony, to be holden of our said soveraign lord in free blensch ferme, free heretage, free burgh of baronie, seaport and harbour for ever, for payment to his majestie, and his successors, of two pennies Scots money upon the ground of any pairt of the saids lands and burgh of baronie, at the terme of Whitsonday in name of blensch ferme, if it be asked allenarlie, as also administrating justice to the inhabitants of the said baronie and others frequenting thereto, conforme to the lawes and practique of the kingdome of Scotland for the time; togither with the precept of seasing contained in the said chartor and instrument of seasing following or that shall follow thereupon, in all and sundrie heads, points, articles and clauses therein contained, after the forme and tenor thereof. And our soveraign lord, with the advice and consent of his saids estates of parliament, statuts and ordaines that this present ratification of the foresaid chartor of erection, precept and seasing following or that shall follow thereupon, is and shall be als valide, effectuall and sufficient as if the samen chartor, precept and instrument of seasing were at length herein insert, dispenseing be thir presents with the not inserting thereof in this present act of ratification. Likeas his majestie, with advice and consent foresaid, finds and declares, statuts and ordaines that the foreaid chartor, precept and instrument of seasing following or that shall follow thereupon, with the remanent rights and securities made to the said Alexander, lord Forbes of Pitsligo, his predicessors and authors of the lands and others abovewritten, shall be sufficent and valide rights and securities for bruiking and enjoying the samen burgh of baronie, free harbour and seaport and other rights and priviledges and immunities abovewritten, in all time comeing, to be holden of his majestie and his successors in free blensch, in maner above rehearsed.
[1681/7/123]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with advice and consent of his majesties' estates of parliament of this his ancient kingdome of Scotland, taking to their consideration the good, true and faithfull service done to his highnes and his progenitors, in time bypast, by John Skeen of that ilk and his predicessors, and for certane other onerous causes and considerations moveing his majestie and estates of parliament foresaids, hes ratified, approven and confirmed and, be thir presents, ratifies, approves and confirmes the chartor, under his highnes['s] great seale of this kingdome, off the date at his majesties' court at Whitehall, the eighteen day of February jM vjC and seventie-eight years, proceeding upon a signature superscribed by his majestie, of the same date, whereby our said soveraign lord, with advice and consent of his majesties' thesaurie and exchequer, gave, granted and disponed to his majesties' lovit John Skeen of that ilk, and the airs male of his body, which failyeing to his other airs male whatsomever, which failyeing to his airs and assigneys whatsomever, heretablie and irredeemablie, all and haill the lands and barony of Skeen, with the loch thereof, mannor place, housses, biggings, yairds, orchyairds, dowcats, milnes, milne lands, multurs, pairts, pendicles, tennents, tennendries and service of free tennents, and haill pertinents thereof, lying within the shirefdome of Aberdeen; and likewise, all and haill the towne and lands of Baillyiestoun, with multurs and sequells thereof, with the salmond fishing upon the water of Don belonging thereto, with libertie of casting and winning of peitts and fewall in the moss of Fintray, Cowstaines, Woodhead and Logie, or in any of them in any pairt most commodious to the indwellars, tennents, possessors and occupiears of the saids lands, and of transporting the same through wayes most convenient, and with housses, biggings, yairds, tofts, crofts, outsetts, insetts, annexis, connexis, muirs, meadowes, commontie, common pasturage, tennents, tennandries and service of free tennents, pairts, pendicles and pertinents whatsomever, lying within the parochin of Dyce and shirefdome of Aberdeen foresaid; upon the resignation of the said John Skeen, whereby also his majestie, with consent foresaid, for the causes therein mentioned, did of new give and dispone to the said John Skeen, and his foresaids, the haill lands, barony, fishings, liberties and others above writen, and ordained the tower, fortalice and mannor place of Skeen to be the principall messuage thereof; to be holden of our soveraign lord and his highnes['s] successors in fie and heretage, be service of ward and releiff, in maner mentioned in the said chartor, whereby also his majestie, with consent foresaid, changed the holding of the saids lands from single ward to taxt ward, for payment of the taxt dewtie of ward, releiff, nonentrie and mariage afterspecified, and therefore decerned and ordained that, how oft and when soever it should happen the saids lands, fishings, liberties and others abovewritten, to fall in his majesties' hands, be reason of waird and nonentrie or either of them, then and als oft, it should be leisum to the airs, successors and assigneyes of the said John Skeen to enjoy the samen and intromett with and uplift the maills, dewties, casualities and profites thereof, during the said ward and nonentrie, or either of them, without any obstacle or impediment through his majesties' thesaurers or donators, in all time thereafter, for payment to his majestie, and his successors, during the time of the ward and nonentrie or either of them, the soume of two hundreth and fiftie merks Scots money, at two termes in the year Whitsonday and Mertimas in winter be equall portions, and likewise the soume of two hundreth and fiftie merks money foresaid for releiff of the saids lands and others foresaids, whensoever the samen shall happen, with the soume of fyve hundreth merks money foresaid for the mariage of the air or airs of the said John Skeen and his foresaids, so oft as the samen should happen allenerlie and no further; togither with the precept of seasing contained in the said chartor and instrument of seasing following or that may follow thereupon, in all and sundrie heads, points, articles and clauses therein contained, after the forme and tenor thereof. And our soveraign lord, with advice and consent of his saids estates of parliament, statutes and ordaines that this present ratification of the foresaid chartor, precept of seasing and instrument of seasing that hes followed or may follow thereupon, is and shall be alse valide, effectuall and sufficient as if the samen signature, chartor, precept and instrument of seasing, wer all at length herein insert, dispenseing be thir presents with the not inserting thereof hereintill. Likeas his majestie, with advice and consent foresaid, wills, grants and ordaines the lands, baronie and others abovespecified, in all time comeing, to be holden of his majestie and his successors be the said John Skeen, and his foresaids, in taxt ward, for yearlie payment of the taxt dewties of ward, releiff and nonentrie, and taxt availl of the mariage above rehearsed, notwithstanding the lands, barony and others abovewritten were formerly otherwayes holden, and finds, declares, statutes and ordaines that the foresaid signature, with the chartor, precept and instrument of seasing following thereupon, with the remanent rights and securities made to the said John Skeen, his predicessors and authors of the lands, barony and others respective abovewritten, shall be sufficient, valide rights and securities for bruiking and enjoying the samen lands, barony, liberties, fishings and others abovewritten, in all time comeing.
[1681/7/124]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with advice and consent of his majesties' estates of parliament of this his ancient kingdome of Scotland, taking to their consideration the good, true and faithfull service done and to be done to his highnes and his illustrious progenitors (of blessed memorie) and successors by Francis Dugud of Auchinhove, his predicessors and successors, hes ratified, approven and confirmed and, be thir presents, ratifies, approves and confirmes ane chartor, under his highnes['s] great seale of this kingdome, of the date at his majesties' court at Whitehall, the fifth day of September jM vjC and sevintie-three years, proceeding upon ane signature superscrived by his majestie of the same date, whereby our said soveraign lord gave, granted and disponed, with advice and consent of the lords commissioners of his majesties' thesaurie and exchequer, to the said Francis Dugud, his nearest and laufull airs male and assigneyes whatsomever, heretablie and irredeimablie, all and haill the lands and barony of Auchinhove, comprehending the townes, lands and maines of Auchinhove, with yairds, orchyairds, mannor places, dowcats, boiges, loches and fishings of the same, Over Auchinhove, with the milne, milnelands, multures and sequells of the same, townes and lands of Warthill, Tulloch, Whitehous, Blailock and town of the same, Cornetoun with the boig of the same, Greencoats, Badinlie and Mariewall, with outsetts, tofts, crofts, tennents, tennendries and service of free tennents of the same, pairts, pendicles and pertinents thereof whatsomever, all lying within the parochin of Lamphanan and shirefdome of Aberdeen, and before unit and annexed in ane full and free barony, called the barony of Auchinhove. As also, all and haill that pairt and portion of the town and lands of Coull, called Greencoats and Tullielair, with housses, biggings, orchyairds, multurs, sequells and knaveships of the same pairts, pendicles and pertinents thereof, lying within the parochins of Coull and Aboyn respective, and shirefdome of Aberdeen foresaid. As also, all and haill the townes and lands of Easter and Wester Kincraigs, commonly called Meikle and Litle Kincraigs, with that pairt and pendicle of the same, commonly called Knowhead hillock and Bogloch, with all and sundrie housses, biggings, yairds, orchyairds, woods, parks, stanks, tofts, crofts, mosses, meadowes, muirs, commontie, common pasturage, outsetts, insetts, annexis, connexis, dependancies, pairts, pendicles and universall pertinents of the same, lying within the parochin of Lamphannan, barony of Oneill and shirefdome of Aberdeen foresaid, with the multurs, sequells and knaveships of the samen, with libertie to the said Francis Dugud, and his foresaids and the tennents of the saids lands, to transport the cornes growing upon the saids lands to any milne or milnes they find most convenient, the haill lands abovewritten lying as said is, and are at length bounded, meithed and merched in the said chartor, upon the resignations of the said Francis Dugud and George Forbes of Corss, whereby also his majestie, for the causes therin mentioned, did of new give and dispone to the said Francis Dugud, and his foresaids, the haill lands, barony and uthers particularlie abovewritten, and did unit the same in ane full and free barony, called the barony of Auchinhove, and ordained the mannor place of Auchinhove to be the principall messuage thereof; to be holden of our soveraign lord in simple ward, in maner mentioned in the said chartor, whereby also, our said soveraign lord, of his highnes['s] certane knowledge and proper motive, for the causes abovewritten, and certane uther causes and considerations, changed the holding of the saids lands and barony of Auchinhove, comprehending the haill lands, townes, milnes, milnelands, multurs and others abovewritten, lying and bounded in maner mentioned in the said chartor, from their former holding be simple ward to taxt ward, for payment of the soume of two hundreth merks Scots money yearlie, at two termes in the year, viz, Whitsonday and Mertimas in winter be equall portions, during the space of the said ward and nonentrie, when the samen shall happen, as also the like soume of two hundreth merks money foresaid for the releiff of the saids lands and barony of Auchinhove, with the soume of fyve hundreth merks money foresaid for the mariage of the air or airs, swa oft as the samen shall happin to fall; togither with the precept of seasing contained in the said chartor and instrument of seasing following or that shall follow thereupon, in all and sundrie the heads, articles and clauses therincontained, after the forme and tenor thereof. And our said soveraign lord, with advice and consent of his estates of parliament, statuts and ordaines that this present ratification of the foresaid chartor, precept and instrument of seasing following thereupon, is and shall be als valide, effectuall and sufficient as the samen chartor, precept and instrument of seasing following thereupon were herin insert, dispenseing be thir presents with the not inserting thereof in this act of ratification. Likeas his majestie, with advice and consent foresaid, wills, grants and ordaines the lands, barony and others abovespecified, in all time comeing, to be holden of his majestie and his successors be the said Francis Dugud, and his foresaids, in taxt ward for yearlie payment of the taxt dewties of ward, nonentrie, releiff and taxt availl of the mariage aboverehearsed, notwithstanding that the lands, barony and others abovespecified were otherwayes holden formerly, and finds, declares, statuts and ordaines that the foresaid chartor, with the precept and instrument of seasing following thereupon, with the remanent rights and securities made to the said Francis Dugud, his predicessors and authors of the lands, barony and others abovespecified, shall be sufficient and valide rights and securities for bruiking and joysing of the samen lands and uthers abovewritten, in all time comeing.
[1681/7/125]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with advice and consent of his majesties' estates of parliament of this his ancient kingdome of Scotland, taking to their consideration the good, true and faithfull service done to his highnes and his progenitors, in time past, by Thomas Fraser of Streichin, hes ratified, approven and confirmed and, be thir presents, ratifies, approves and confirmes the chartor, under the great seale of this kingdome, of the date at his majesties' court at Whitehall, the nineteen day of November jM vjC and seventie-sex years, proceeding upon ane signature superscrived by his majestie, of the same date, whereby our said soveraign lord, with advice and consent of the lords commissionars of his majesties' thesaurie and exchequer, gave, granted and disponed to the said Thomas Fraser of Streichin, in liferent during all the dayes of his lifetime, and to Alexander Fraser, his eldest laufall sone, and to the airs male to be procreat of his body, which failyeing to the uther airs male laufullie procreat or to be procreat of the said Thomas Fraser his body, which failyieing to his nearest and laufull airs and assigneyes whatsomever, heretablie and irredeemablie, under and with the condition of reversion, reservation and provision in favours of the said Thomas Fraser, mentioned in the said chartor, which are and shall be holden as herein insert, all and haill the lands and barony of Streichin, and speciallie the Maines of Streichin, with the tower, fortalice and mannor place, housses, biggings, yairds, orchyairds and haill pertinents of the samen, with the milne of Streichin, milnelands, multures, sequells and haill pertinents thereof, with the walkmilne of Streichin, profites and commodities thereof; and all and haill the lands of Burrahill, Humblies Cairne, Fairnebrae, Auchinairie, Whitehill, Torquhat, Halkhill, Newhill and Brounsyde, with the pertinents thereof; with all and haill the towne and lands of Newtoun of Streichin, with all and sundrie uther lands and townes, outsetts, pairts, pendicles, annexis, connexis, dependancies, tofts, crofts, milnes, multurs, woods, fishings, tennents, tennendries and service of free tennents, of all and haill the foresaid lands, barony and uthers abovewritten, with the haill pertinents thereof; with the Newmilne of Streichin, newly erected, with the multures and sequells of the samen, lying within the parochin of Rathin and shirefdome of Aberdeen, all of before unit and incorporat in ane full and free barony, called the barony of Streichen; with the towne and lands of Auquhorthies, with the milne of Auquhorthies, astricted multurs, sucken, knaveships and milne lands of the samen, togither with the pertinents of the saids lands called Fredayhill and Newlandhill, with all and sundrie housses, biggings, orchyairds, tofts, crofts, outsettis, insetts, cottages, muirs, meadows, leizures, commonties, common pasturage, annexis, connexis, dependancies with the haill pairts, pendicles and pertinents thereof whatsomever, which are the sexth pairt of the barony of Streichen, lying within the barony of Streichen, parochin and shirefdome foresaid; all and haill the towne and lands of Kindroughties, alswell suny as shadow syde thereof, with the milne of Kindrought, milnelands, astricted multures, with the sucken and knaveships of the samen; town and lands of Dunend, with the thrid pairt of the town and lands of Seathlie; and all and haill the town and lands of Easter Tyrie, with the milne, milnelands, astricted multurs, sucken, sequells and knaveships thereof, with that pairt of the town and lands of Meymsie neir the said milne, sometime occupied by George Peiper, with libertie to the tennents and possessors of the said milne and lands of Tyrie, their coatters and grassemen present and to come, to cast, win and away take peitts to their owne use, out of the common moss of Meymsie, with all and sundrie housses, biggings, orchyairds, tofts, crofts, outsetts, insetts, cottages, mosses, meadows, leizures, commontie, common pasturage, annexis, connexis, dependancies, tennents, tennandries and service of free tennents, pairts, pendicles and pertinents whatsomever, of the said haill lands, milnes and uthers abovewritten, lying within the barony of Philorth, by annexation, and shirefdome of Aberdeen foresaid; as also, with priviledge and libertie of ane free barony of Philorth, in swa far as the same concerns the saids lands, milne, milnelands, multures and uthers abovewriten. Which all and sundrie lands, barony and haill uther lands, milne, milnelands, mannor place, housses, yairds, woods, fishings, pastures, commonties, priviledges and pertinents particularly abovewritten, were erected and unit in ane full barony, called the barony of Streichin, and the tower and fortalice of Streichin was appointed to be the principall messuage, togither with the haill teinds and uther teinds, both great and small, parsonage and viccarage, of the haill lands and uthers abovewritten, with the pertinents lying in maner foresaid, togither with the patronage of the said kirk of Streichin, commonly called the Newkirk of Streichin, with advocation and donation thereof, with the teind sheaves, parsonage and viccarage of the said barony of Streichen, comprehending therein the Maines of Streichen, Newhill, alias Cockerhill, Fearnebray, Brownsyd, Auchinairie, Humblies Cairne, Burrahill, Whitehill, Halkhill, Torquhat, milnes old and new, milne, milnelands and walkmilne of Streichen, Newtoun of Streichin, Maines of Auquhorthies and Newlandhill thereof, Fredayhill, corne mylne of Auquhorthies and milne lands thereof, Kindroughties, alswell suny as shadow halfe thereof, Dunend, Maines of Kindrought, milne and milnelands thereof, Adtaill milne and milne lands thereof, Bogin John and Carnethill, and the said towne and lands of Seathlie, alswell two pairt as thrid pairt and teinds viccarage thereof, lying within the parochins of Rathin and Frasersburgh respective, and now by annexation within the parochin of Streichen, upon the resignation of the said Thomas Fraser, whereby also his majestie, for the causes therin mentioned, did of new give and dispone to the said Thomas Fraser, his said sone and their foresaids, the haill lands, barony and uthers particularly above written, and did unit the same in ane full and free barony, called the barony of Streichen, and ordained the mannor place of Streichen to be the principall messuage thereof, to be holden of our soveraign lord, be service of ward and releiff, and in taxt ward in maner mentioned in the said chartor, whereby also, our said soveraign lord, of his highnes['s] certane knowledge and proper motive, considering that umquhile Thomas Fraser, gudsir to the said Thomas, held of him and his successors in taxt ward all and haill the said towne and lands of Kindroughties, alswell suny as shadow syde thereof, with the milne, milnelands, astricted multures, sucken and knaveships thereof, and the saids lands of Dunend, with the thrid pairt of the saids lands of Seathlie, with the saids lands of Easter Tyrie, with the milne, milnelands, sucken, sequells and knaveships thereof, with that pairt of the said towne and lands of Mamsie, adjacent to the said milne sometime occupied by George Peiper, for payment of the taxt dewties underwritten, therefore our said soveraign lord taxed the samen lands, priviledges and liberties† for payment of the taxt dewties following, to witt, fiftie pounds Scots money yearlie at the termes of Whitsonday and Mertimas be equall portions, during the space of the ward and nonentrie of the saids lands, and five hundreth merks for the mariage of the air or airs of the said Thomas or Alexander Frasers succeeding thereto. As also, our said soveraign lord, for the causes abovewritten and certane other onerous causes and considerations, changed the holding of the said lands and barony of Streichen, comprehending the haill milnelands, milnes, multures, lands and uthers abovewritten, lying in the said parochin of Rathin and erected in the said barony of Streichen, with the said town and lands of Auquhorthies, milne, milnelands, multurs thereof, pairt of the said land called Frydayhill, Newlandhill, with housses, yairds, pairts, pendicles and pertinents which are a sexth pairt of the said barony, fra their former holding in simple ward to taxt ward, for payment of two hundreth merks to his majestie and his successors yearlie, at Whitsonday and Mertimas be equall portions, during the space of the said ward and nonentrie, or either of them, and the like soume of two hundreth merks for the releiff of the samen lands, when it falls, with the soume of four hundreth merks for the mariage of the air or airs of the said Thomas Fraser, or his said sone; togither with the precept of seasing therin contained and instrument of seasing following thereupon, in all and sundrie heads, points, articles and clauses therin contained, after the forme and tenor thereof, and our soveraign lord, with advice and consent of the estates of parliament, statuts and ordaines that this present ratification of the foresaid chartor, precept and seasing following thereupon, is and shall be alse valide and effectuall as if the samen chartor, precept and instrument of seasing were at length herein insert, dispenseing be thir presents with the not inserting thereof in this act of ratification. Likeas his majestie, with advice and consent foresaid, wills, grants and ordaines the lands, baronie and uthers abovewritten, in all time comeing, to be holden of his majestie and his successors be the said Thomas Fraser of Streichen, his said sone and their foresaids, in taxt ward, for yearlie payment of the taxt dewties and taxt availl of the mariage aboverehearsed, notwithstanding the samen lands and others foresaids were formerly otherwayes holden, and finds, declares, statuts and ordaines that the foresaid chartor, with the precept and instrument of seasing following thereupon, with the remanent rights and securities made to the said Thomas Fraser, his predicessors and authors of the lands, baronies and others abovewritten, shall be sufficient and valide rights and securities for bruiking and joysing the samen lands, barony and uthers abovewritten, in all time comeing.
[1681/7/126]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with the speciall advice and consent of his majesties' estates of parliament of this his ancient kingdome of Scotland, taking to their consideration the good, true and faithfull service done to his highnes and his progenitors in time past by Alexander Forbes of Ballogie, hes ratified, approven and confirmed and, be thir presents, ratifies, approves and confirmes the signature superscrived by his majestie, of the date at his majesties' court at Whitehall, the [...] day of [...] jM vjC and eightie-one years instant, whereby our said soveraign lord, with advice and consent of the lords commissionars of his majesties' thesaury and exchequer, gave, granted and disponed to his majesties' lovit Alexander Forbes, elder of Ballogie, sone to John Forbes of Pitnacaddell and Jean Forbes, his spouse, in conjunctfie and liferent the longest livear of them two, during all the dayes of their lifetimes, and to Alexander Forbes, now their eldest laufull sone, and the airs laufullie to be procreat of his bodie, which all failyieing to returne to the said Alexander Forbes, elder, his airs and assigneys whatsomever (under the provisions, conditions and reservations in favors of the said Alexander Forbes, elder, mentioned in the said signature) which are and shall be holden as herein insert, all and haill the lands and barony of Ballogie, with the maines and brae thereof, Diracroft, the town and lands of Milneholl, milne thereof, milnelands, multures, sucken, sequells and knaveships of the samen, and namely, these pertinents of the saids lands of Milneholl called Woodsyde, Easter Milneholl, alias Mcterrie, with the hill called the milne† of Fair, and with the tower, fortalice and mannor place of the saids lands and barony of Ballogie and fewdewties of the samen, togither also with these pairts and pendicles of the saids lands and barony of Ballogie and fewdewties of the samen, to witt, that peice of land lyand upon the south and west pairts of Overlurge, commonly called Tullochro and Bogquhask, with all and sundrie housses, biggings, yairds, orchyairds, tofts, crofts, outsetts, insetts, pairts, pendicles and haill other pertinents of the saids lands and barony whatsomever, lyand within the parochin of Midmarr and shirefdome of Aberdeen, which lands were formerly pairts and pendicles of the lands and barony of Lumphannan and were thereafter erected and incorporat in ane full and free barony, called the barony of Ballogie, upon the resignation of Robert Irving of Fedderat, Alexander Irving, younger thereof, his eldest laufull sone, and Patrick Irving of Beltie; whereby also his majestie, for the causes therein mentioned, did of new give and dispon to the said Alexander Forbes, elder, his said spouse and sone and their foresaids, the haill lands, barony and others particularlie abovewritten, and did unit of new the same in ane full and free barony, called the barony of Ballogie, and ordained the mannor place of Ballogie to be the principall messuage of the said barony; to be holden of our soveraign lord be service of ward and releiff, in maner mentioned in the said signature. As also, our said soveraign lord, for the causes abovespecified, and certane other causes and considerations, changed the holding of the saids lands and barony of Ballogie, comprehending the haill lands, milne, milnelands, multurs and others abovewritten, lying within the parochin of Midmarr and erected in the said barony of Ballogie, fra their former holding of simple ward to taxt ward, for payment of the soume of fourty pounds Scots money to his majestie and his successors yearlie, at Whitsonday and Mertimas be equall portions, during the space of the said ward and nonentrie or either of them, and the like soume of fourty pounds money foresaid for the releiff of the samen lands, when it falls, with the soume of fourscore pounds money foresaid for the mariage of the air or airs of the said Alexander Forbes, or his said sone, togither with the chartor following or that shall follow upon the said signature, under his majesties' great seale, precept of seasing to be therin contained and instrument of seasing to follow thereupon, in all and sundrie heads, points, articles and clauses therein contained, after the forme and tenor thereof. And our soveraign lord, with advice and consent of the said estates of parliament, statuts and ordaines that this present ratification of the foresaid signature, chartor, precept and seasing following or to follow thereupon is and shall be als valide, effectuall and sufficient as if the samen signator, chartor, precept and instrument of seasing were at length herein insert, dispenseing be thir presents with the not inserting thereof in this act of ratification. Likeas his majestie, with advice and consent foresaid, wills, grants and ordaines the lands, barony and others abovespecified, in all time comeing, to be holden of his majestie and his successors be the said Alexander Forbes of Ballogie, his said sone and their foresaids, in taxt ward for yearlie payment of the taxt dewties of ward, releiff and nonentrie and taxt availls of the mariage above rehearsed, notwithstanding that the lands, barony and others above rehearsed were formerly otherwayes holden, and finds, declares, statuts and ordaines that the foresaid signature, with the chartor, precept and instrument of seasing following thereupon with the remanent rights and securities made to the said Alexander Forbes, his predicessors and authors of the lands, barony and others abovespecified, shall be sufficient rights and securities for bruiking and joysing the samen lands, baronie and others abovewritten, in all time comeing, to be holden of his majestie and his successors in taxt ward in maner aboverehearsed.
[1681/7/127]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with advice and consent of his majesties' estates of parliament of this his ancient kingdome of Scotland, taking to their consideration the good, true and faithfull service done to his majestie and his progenitors in time past by Mr James Elphingstoun, writer to his majesties' signet, hes ratified, approven and confirmed and, be thir presents, ratifies, approves and confirmes the chartor, under his highnes['s] great seale of this kingdome, of the date the tuenty [...] day of February jM vjC sevinty and seven years, whereby our said soveraign lord, with advice and consent of the lords commissioners of his majesties' thesaurie and exchequer, gave, granted and disponed to the said Mr James Elphingstoun, his airs and assigneys whatsomever, heretablie and irredeemablie, but any maner of reversion, redemption or regress whatsomever, all and haill the towne and lands of Logie Durnoch, with the kirk pleugh thereof and crofts of the same, and peices of land called Smuglie and Raines buttes; as also, the new milne of Knockalachie, milnelands, astricted multurs, sucken, sequells and knaveships, with the priviledge and libertie of moss particularly and generallie therein mentioned, lying within the parochin of Logie Durnoch and shirefdome of Aberdeen, upon the resignation of Charles, earle of Marr, and uthers therein contained; whereby his majestie, with consent therein mentioned, did of new give and dispon to the said Mr James Elphingstoun, and his foresaids, the haill lands and uthers particularlie abovewritten, to be holden few and ward in maner mentioned in the said chartor; whereby also our said soveraign lord, of his highnes['s] certane knowledge and proper motive, did change the holding of the said newmilne and milnelands fra simple ward to taxt ward, for payment of the taxe dewties respective under written, viz, off tuenty merks Scots money to his majestie and his successors yearlie, at Mertimas and Whitsonday be equall portions, during the space of the said ward and nonentrie or either of them, with the like soume of tuentie merks for the releiff of the said milne and milnelands when it falls, with the soume of fourtie merks for the mariage of the air or airs of the said Mr James, or his foresaids; togither with the precept of seasing contained in the said chartor and instrument of seasing following thereupon, in the haill heads, points, clauses and circumstances therein contained, after the forme and tenor thereof. And our soveraign lord, with advice and consent of the estates of parliament, statuts and ordaines that this present ratification of the foresaid chartor and seasing following thereupon, is and shall be als valide and sufficient as if the samen chartor, precept and instrument of seasing were at length herein insert, dispensing by thir presents with the not inserting thereof in this present act of ratification. Likeas his majestie, with advice and consent foresaid, wills, grants and ordaines the lands and uthers abovespecified to be holden of his majestie by the said Mr James Elphingstoun, and his foresaids, in taxt ward for yearlie payment of the taxt dewties and taxt availl of the mariage aboverehearsed, notwithstanding the samen were formerly otherwayes holden, and finds, declares, statuts and ordaines that the foresaid chartor, with the precept and instrument of seasing following thereon, with the remanent rights and securities made to the said Mr James, his predicessors and authors of the lands, milne and uthers abovespecified, shall be sufficient and valide rights to them for bruiking the samen lands and others above written in all time comeing.
[1681/7/128]*[print] [email] [cite] [preceding] [following]
Our soveraign lord and estates of parliament, presentlie conveined by his majesties' speciall authority (for the good and faithfull services and sufferings of John Graham of Claverhous and his predicessors mentioned in the chartor afterspecified, and for certane other onerous causes and good considerations well known to them) have ratified and approven and, be thir presents, ratifie and approve ane chartor made and granted, under his majesties' great seale, of the date att Windsor Castle, the elevinth day of May jM vjC and fourscore years, whereby his majestie, with advice and consent of his highnes['s] thesaurie and exchequer, gave, granted and disponed and, for him and his successors, perpetuallie confirmed to the said John Graham of Claverhous, his airs male and assigneyes whatsomever, heretablie and irredeemablie, all and haill the lands and baronie of Ogilvie, commonly called the Glen of Ogilvie, with the mannor place, tower, fortalice, housses, biggings, yairds, orchyairds, milnes, milne lands, multurs, sequells and sucken of the samen, outsettis, cottages, annexis, connexis, pairts, pendicles and pertinents of the samen lands and baronie used and wont, lying in the parochin of Glams and shirefdome of Forfar, upon the said John Graham his owne resignation, togither with the novo damus contained in the said chartor, and dispensation for takeing seasing at the mannor place of the said barony, or any other pairt thereof, for the haill barony and others foresaids; to be holden of our said soveraign lord and his successors in free barony, fie and heretage for ever, for payment yearlie for the rights and services used and wont, and in lieu and place thereof, the soumes of money underwritten, to witt, the soume of fourtie punds Scots money, at the termes of Whitsonday and Mertimas proportionally, during the ward and nonentrie of the saids lands when the samen shall happen, the like soume of fourtie punds for the releiff thereof, togither with the soume of ane thousand merks for the mariage of the airs and successors of the said John Grahame, whensoever the samen shall fall, for payment of the which soumes respective his majestie, by the said chartor, gave, granted and disponed to the saids airs and successors of the said John Grahame the saids ward and nonentrie, with the haill maills, fermes, casualities, profites and dewties of the saids lands and others foresaids, of all years and termes that the samen shall happen to fall in his majesties' hands, or his successors, be reason of the said ward and nonentrie or either of them, whensoever the samen shall happen, togither with the releiff thereof and mariage of the saids airs and successors, as oft as the samen shall fall in any time comeing, and that because his majestie hes altered and changed the holding of the saids lands, barony and others foresaid from simple ward to taxt ward, to continue so in all time comeing, in maner at length mentioned in the said chartor, containing dispensation for serveing of the saids airs and successors as nearest and laufull airs to their saids predicessors in the saids lands, and obtaining themselves infeft therein at any time they please, notwithstanding of their minoritie for the time; togither also with the precept of seasing therin contained and instrument of seasing following thereupon, in the haill heads, articles, clauses, tenors and contents of the samen. And his majestie and estates foresaid will and grant, and for them and their successors, decerne and ordain that the foresaid generall ratification is and shall be als sufficient to the said John Grahame, and his foresaids, as if the said chartor, precept and instrument of seasing were herein speciallie and at length insert; whereanent and with all other exceptions and objections that may be moved or alledged against the validitie of the said ratification, his majestie and estates of parliament foresaid, hes dispensed and, be thir presents, dispenses for ever.
[1681/7/129]*[print] [email] [cite] [preceding] [following]
Our soveraign lord and estates of parliament, presently conveened by his majesties' speciall authoritie, in consideration of the good and faithfull services and sufferings of John Graham of Claverhouse and his predicessors for his majestie, particularly mentioned in the chartor after specified, and other services done and performed be him which are well known to the saids estates, and of his good affection to his majesties' interest, whereof his majestie hes more then ordinarie experience, have ratified and approven and, be thir presents, ratifie and approve ane chartor made and granted, under his majesties' great seale, of the date at Whitehall, the tuenty-one day of Aprile jM vjC and fourscore years, whereby his majestie gave, granted and disponed to John Graham of Claverhous, his airs male and assigneyes whatsomever, heretablie and irredeemablie, all and haill the lands and others underwritten, viz, all and haill the lands of Galdinoch, now called Freugh, extending to eight merk land of old extent, with housses, biggings, yairds, orchyairds, teinds, milnes, woods, fishings, muirs, merishes, pairts, pendicles, priviledges and pertinents of the samen whatsomever, lyand in the parochin of Stonykirk and shirefdome of Wigtoun. As als, all and haill the lands of Ardenmord, Wrrull, Kilquhocodale and Carsriggen, extending to ten pound land of old extent, with housses, biggings, yairds, orchyairds, teind, milnes, woods, fishings, muirs, mareshes, pairts, pendicles, priviledges and pertinents of the samen whatsomever, lyand in the parochen of Kirkcowan and shirefdome foresaid, which lands and others foresaids pertained heretablie of before to Patrick Mcdowgall, sometime of Freugh, or some of his predicessors to whom he was appearand air holden be them of his majestie, and which fell and became in his majesties' hands, and were at his donation and disposition, be reason of forfalture through the said Patrick Mcdowgall his being found guiltie and convicted of the crimes of treason and rebellion mentioned in the sentence and decreit of forfaulture pronunced against him be his majesties' justice generall, justice clerk and remanent lords commissioners of justiciarie, upon the [...] day of February jM vjC and fourscore years; and by which chartor, his majestie also gave, granted and disponed to the said John Graham, and his foresaids, all right, title, interest, clame of right, propertie and possession, with all action and instance which his majestie, his predicessors and successors had, hes or anywayes might have, clame or pretend to the saids lands and others foresaids in any time comeing, or to the fermes, profites and dewties of the samen for whatsomever years or termes bygone or to come, be reason of ward, nonentrie, releiff, mariage, escheit, forfaulture, purpresture, disclamation, bastardrie, ultimus heres, recognition, not confirmation in due time, annexations, revocations, diminutions of the rentall or be vertue of whatsomever acts of parliament or other acts or for whatsomever causes, crimes or occasions bygon, preceeding the date of the said chartor, and does renounce, transferr and overgive the samen, with all action, instance and execution competent thereanent, in favours of the said John Graham, and his foresaids, cum pacto de non petendo, and with supplement of all other defects and imperfections, alswell not named as named, which are holden as exprest in the said chartor and whereby the saids lands and others abovespecified are dissolved from his majesties' crown and patrimonie thereof, to be peaceablie enjoyed and possest be the said John Graham, and his foresaids, heretablie and irredeemablie, in all time comeing; and als, are unit, annexed and erected in ane haill and free barony, to be called the barony of Freugh in all time comeing, with dispensation for taking seasing at the mannor place of Freuch, or any other pairt of the saids lands, for the haill lands, barony and others abovespecified, notwithstanding the same ly not contigue; to be holden of our said soveraign lord and his successors in ane free barony, fie and heretage for ever, for payment yearlie of the blensch dewties, few dewties and others rights and services used and wont to be payed for the saids lands before the said forfaulture and, notwithstanding of the premisses, his majestie willed and granted and, for him and his successors, decerned and ordained that albeit the saids lands of Galdinoch, called Freugh, with the pertinents and the saids lands of Ardenmord, Wrrull, Kilquhocoddall and Carsriggen, holden of his majestie be service of ward and releiff, shall happen to fall in his majesties' hands or his successors, by reason of ward or nonentrie through the minoritie or fault of the airs of the said John Grahame in any time comeing, yet the saids airs and successors of the said John Graham (secluding assigneys) from time to time shall enjoy and possess the saids lands and uplift the haill fermes, dewties, caines, customes, profites and casualities of the samen and dispon thereupon during the time of the said ward and nonentrie, for payment of the soumes of money underwritten, to witt, the soume of three hundreth and sextie-three pounds money foresaid, at the termes of Whitsonday and Mertimas proportionally, during the time of the said ward and nonentrie or either of them, when the samen shall happen, the like soume of three hundreth and sextie-three pounds money foresaid for the releiff thereof, and the soume of seven hundreth and tuentie-sex pounds money abovewritten for the airs mariage, when it shall fall, for payment of which soumes respective, his majestie, as if the samen were already fallen, did give and dispon to the saids airs the said ward, nonentrie, releiff and mariage when the samen shall happen to fall, in any time comeing; and that because his majestie, by the said chartor, is graciously pleased to alter and change the holding of the saids lands, barony and others foresaids from simple ward to taxt ward, as is abovewritten, in all time comeing, in maner at length mentioned in the said chartor, which likewise containes dispensation for serving the airs of the said John Graham, as airs to their predicessors in the saids lands, and obtaining themselves infeft in the samen lands at any time they please, notwithstanding of their minoritie for the time; togither with the precept of seasing therin contained and instrument of seasing following or to follow thereupon with all that shall follow upon the samen. And siclike, his majestie and estates of parliament ratifie and approve and confirme the signature of gift and presentation superscrived be his majestie, of the date at Whitehall, the tuentie-one day of Aprile jM vjC and fourscore years, mentioning that his majestie, understanding that all and haill the† viccar lands of Clashant, with the teinds thereof included, corne and walkmilnes now built upon the samen, milnelands, astricted multures, bannock, knaveship and watergaits thereof, with housses, biggings, yairds orchyairds, and all and sundrie the pertinents of the samen, and reserveing to the minister serving the cure at the said kirk of Clashant, the mansion and ane aiker of land contigue adjacent thereto, lyand within the parochin of [...] and shirefdome of Wigtoun. And siclike, all and haill the lands of Lochronald, comprehending thereintill the Maines of Lochronald, the lands of Fell, the lands of Balmannoch, the lands of Merks, the lands of Halfemerk, the lands of Over and Nether Airriesses, with the milne of Ettrick, extending to ane ten pound land or thereby, lyand within the parochin of [...] and shirefdome foresaid; all and haill the lands of Balgrogan, with the corne milne thereof, and the lands of Kelynes, the lands of Flott, the lands of Cullmore, the lands of May, [and] the lands of Coriecrosh, lyand within the parochin of [...] and shirefdome foresaid; the lands of Craig, the lands of King and Burnemerk, lyand within the parochin of [...] and shirefdome foresaid; all and haill the two merk and fourtie peny land of Knockinthrosk, all and haill the fourtie peny land of Drumarroll, of old extent, milnes, multures, housses, biggings and pertinents; all and haill that parcell of land of Drumfadd possest by George Baird, being a pairt of the three merk land of Drumfadd, housses, biggings and pertinents thereof, lyand within the parochin of Stonnykirk and shirefdome of Wigtoun foresaid; all and haill the lands of Ettrick and Balgouen; all and haill the lands of Culmuck, Culgrange and Duchra, the lands of Carseriggen, the kirk lands of Toskartoun and Cairneheggles, with the housses, biggings, yairds, orchyairds, teinds, milnes, woods, fishings, muirs, mosses, pairts, pendicles, priviledges and haill pertinents thereof, lyand within the parochines of [...] and shirefdomes of [...]; all and haill that croft of land called St Katharin's Croft, adjacent to the Kirk of Kirkmaden, the lands of Kirkmagill, milnes and multures thereof, whilks pertained of before to the said Patrick Mcdowgall, and were fallen and become in his majesties' hands and at his majesties' gift and disposition, in maner, upon the account and for the reasons foresaids; and that his majestie, not being willing that the persons after named, superiors of the saids lands and others under written, viz, [...], bishop of Galloway, superior of the saids kirklands of Clashant, milnes, multurs, sucken, sequells and pertinents thereof abovewritten, lyand as said is, [...] Mcdowgall of Garthland, superior of the saids lands of Lochronald, comprehending thereintill the lands and others abovewritten, [...] Murray of Brochtoun, superior of the said croft called St Katherin's Croft, [...] Crawford of Carss, superior of the saids lands of Balgregan and Kelynes, [...] Mcdowgall of Logan, superior of the lands of Kirkmagill, or any other persones superiors of the saids lands and others abovementioned, their airs and successors, admitting the generalitie to be als sufficient as if every superior had been therein insert, whereanent his majestie dispensed for ever, should be frustrat of and be wanting tennents to them of the lands and others respective abovespecified holden of them and either of them, bot rather willing to provide ane immediat tennent and vassell to them and their foresaids of the samen, therefore his majestie, for the causes and with advice and consent foresaid, ordained ane letter of presentation to be made and past, under the testimonie of his majesties' great seale of the said kingdome, nominating and presenting the said John Graham, his airs and assigneys whatsomever, immediat vassalls and tennents to the forenamed persones particularly and generallie abovementioned superiors of the saids lands and others abovewritten, requireing them, their airs and successors to enter and receave the said John Graham, and his foresaids, immediat heretable tennents and vassalls to them of the lands and others respective abovementioned, and to infeft and sease them thereintill be chartor and seasing, as use is in the like cases, to be holden of them siclike and als freelie in all respects as the said Patrick Mcdowgall, his predicessors and authors held the samen at any time before the foresaid rebellion and forfaulture. As also, his majestie, with advice and consent foresaid, faithfullie promised in verbo principis to cause ratifie and approve the foresaid chartor and other rights to be made to the said John Graham, and his foresaids, of the lands and others aboverehearsed, in his majesties' nixt parliament to be holden within the foresaid kingdome, with the letters of presentation following upon the said signature, under the testimony of his majesties' great seale of the samen date, togither with the chartors containing precepts of seasing therintill made and granted, or to be made and granted be the forenamed persons superiors in favours of the said John Graham and his foresaids, of the lands and others abovewritten, holden of them in maner respective abovespecified; togither with the instruments of seasing following or to follow upon the foresaids chartors and all that hes followed or may follow upon the samen, in the haill heads, articles, clauses, tenors and contents thereof. And siclike his majestie and estates of parliament foresaid, ratifie, approve and confirme the foresaid decreit [and] sentence and dome of forfaulture abovespecified given and pronounced be the saids commissioners of justiciarie against the said Patrick Mcdowgall, upon the said [...] day of February jM vjC and eightie years, and have interponed and hereby interpones their decreit and authoritie thereto, and find, decerne and declare the samen decreit to have been, from the begining and to be now and in all time comeing, ane legall and valide sentence of forfaulture and to have the selfe same force and effect, to all intents and purposes, as if the samen had been led, obtained and pronounced in parliament. And siclike his majestie and estates of parliament foresaid, decerne and ordain that it shall be sufficient to the said John Graham and his foresaids to produce the said decreit, with ane extract of the seasing of the saids lands, in all actions and judgements, yea in improbations, without any necessitie to produce the principall and originall writs or the grounds and warrands of the said decreit in any time comeing, and that the samen decreit of forfaulture, with the saids chartor, letters of presentation and infeftments abovespecified, are valide and sufficient rights and titles to the said John Graham, and his foresaids, for enjoying and possessing of the saids lands, barony and others abovespecified, heretablie and perpetually after the forme and tenor thereof, notwithstanding of whatsomever acts, statuts or constitutions in the contrair, and notwithstanding of whatsomever other defects, imperfections, causes or occasions bygone preceeding the date hereof, whereby his majestie and estates of parliament hereby dispenses forever. And finallie his majestie and estates of parliament foresaid, will and grant and, for them and their successors, decerne and ordain that the foresaid generall confirmation and ratification is and shall be as valide and comprehensive in itselfe as any other ratification of forfaulture hitherto past in parliament, and shall be als sufficient and effectuall to the said John Graham, and his foresaids, as if the said chartor, precept and instrument of seasing, signator and letters of presentation, chartors and instruments of seasing following therupon, with the foresaid decreit of forfaulture, were herein specially word be word insert; whereanent and with all other exceptions, defects and objections that may be moved or alledged against the validitie of the said ratification, his majestie and estates foresaid, have dispensed and, be thir presents, dispenses for ever.
[1681/7/130]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with advice and consent of his highnes['s] estates of parliament of his majesties' ancient kingdome of Scotland, has ratified, approven and confirmed and, be thir presents, with advice and consent foresaid, ratifies, approves and confirmes ane chartor and infeftment granted be his majestie, under the great seale, of the date the tuentie-fourth day of September jM vjC and sevintie-fyve years, to and in favors of Mr James Carnegie, minister at Rogortoun, and the airs whatsomever laufullie procreat or to be procreat of his body, whilks failyieing to Mr Robert Carnegie, his brother german, and the airs whatsomever of his bodie, whilks failyieing to Agnes Carnegie, his sister german, and the airs whatsomever of her bodie, whilks all failyieing to the said Mr James Carnegie his nearest and laufall airs and assigneyes whatsomever, heretablie and irredeemablie, of all and haill that halfe of the town and lands of Ardoch, called Parbrothes, halfe of old conqueist and acquired be the deceist Sir William Fullartoun of that ilk from the deceist David Seatone of Parbroth, with the housses, biggings, yairds, tofts, crofts, outsetts, insetts, annexis, connexis, cottages, pairts, pendicles, priviledges and pertinents theireof whatsomever, lyand within the parochin of Logie Montrois and shirefdome of Forfar; as also, of these two eight pairts of all and haill the lands of Craigoes, with the pertinents thereof, conqueist and acquired be the said Sir William Fullartoun from the deceist John Arskine of Dun; and likewise, all and haill that eight pairt and sexteenth pairt of all and haill the saids lands of Craigois, with the pertinents thereof whatsomever used and wont, also conqueist and acquired be the said deceist Sir William Fullartoun from the deceist Alexander Gairdyne of Branfield, with the haill housses, biggings, yairds, tofts, crofts, outsettis, insetts, cottages, parts, pendicles, priviledges and pertinents thereof whatsomever, togither with the corne milne of Craigois, built be the said deceist Sir William Fullartoun upon the ground of the saids lands of Craigois, with the milnelands, multurs, sucken, sequells and pertinents of the said milne, with the dam or intake and milnelead of the said milne made by him upon the water of North Esk, with the salmond fishing upon the said water within the haill bounds thereof, besyds and lying contiguous to the saids lands of Craigois, with full libertie and power to make, build and keep cruives ane or mae upon the said milnedam or intake for taking of salmond fishes and other fishes, and to apply the samen to their own proper use; and of all and haill the temple lands of Logie Ardoch, with the haill priviledges and pertinents used and wont, lyand within the parochin and shirefdome foresaid, proceeding upon his owne resignation, togither with the clause de novo damus therein contained, and dispensation for taking of seasing upon the ground of any pairt of the saids lands and others abovewritten, which is declared to be sufficient and valide for the saids haill lands, milne, milnelands, multurs, fishings and others abovewritten with the pertinents, notwithstanding the samen ly not contigue and togither, but in diverse places; to be holden of his majestie and his highnes['s] successors in taxt ward, for payment of the yearlie taxt ward dewties underwritten, viz, the soume of fiftie pounds Scots money yearlie during the ward and nonentrie, alsmuch for the releiff, and the soume of ane hundreth pounds Scots money forsaid for the mariadge of the aire, als oft as the samen shall happen, for payment of which soumes the foresaid ward, nonentrie, releife and mariage are disponed, notwithstanding that the samen lands and others foresaids held formerly of his majestie for service of ward and releife; togither with the precept of seasing contained in the said chartor and instrument of seasing following thereupon, in all and sundrie heads, articles, clauses and conditions mentioned in the said chartor, precept and seasing following thereon; [and] willing and declareing this present ratification to be als valide and sufficient, to all effects and purposes, as if the said chartor and precept, with the seasing following thereupon, were at length and word be word insert and ingrost herein; with the which his majestie, with advice and consent foresaid, hes dispensed and, be thir presents, dispenses for ever.
[1681/7/131]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with advice and consent of his highnes['s] estates of parliament of his majesties' ancient kingdome of Scotland, hes ratified, approven and confirmed and, be thir presents, with advice and consent foresaid, ratifies, approves and confirmes ane chartor and infeftment granted be his majestie, under the great seale, of the date the tuentie-sexth day of February jM vjC and sevintie-two years, to and in favours of Mr Patrick Keir of Kinmonth, and his airs male, which failyeing his airs and assigneys whatsomever heretablie, off all and haill the west halfe of all and sundrie the lands of Kinmonth, with the mannor place, housses, biggings, yairds, orchyairds, dowcat and salmond fishing upon the water of Erne, pairts, pendicles and pertinents thereof used and wont pertaining and belonging thereto, lyand within the shirefdome of Perth, proceeding upon his owne resignation, togither with the clause of novo damus therein contained, and the dispensation for the airs and assigneyes of the said Mr Patrick Keir, and their airs and successors, heretors of the saids lands to obtain themselves served, retoured, infeft and seased in the saids lands and others foresaids, by breives furth of our soveraign lord's chancellarie, at any time of their age, notwithstanding they be minors for the time; to be holden of his majestie and his highnes['s] successors in taxt ward, for payment of the yearlie taxt ward dewties under written, viz, for the ward the soume of one hundreth merks Scots money yearlie, and for the nonentrie following the said ward the retoured dewties of the saids lands according to the custome of the shire, at two termes in the year Whitsonday and Mertimas in winter be equall portions, and the soume of one hundreth merks money foresaid for the releiff, when the samen shall happen, togither with the soume of two hundreth merks money abovewritten for the mariage of every air, when the samen shall fall, for payment of the which soumes the foresaid ward, nonentrie, releiff and mariage are disponed, notwithstanding that the samen lands held formerly of his majestie for service of ward and releiff; togither with the precept, under the quarter seale, and instrument of seasing and infeftment following thereupon, in all and sundrie the heads, articles, clauses and conditions mentioned in the said chartor, precept and seasing following thereupon, [and] willing and declareing this present ratification to be als valide and sufficient, as to all effects and purposes, as if the said chartor and precept and seasing following thereupon were at length insert and ingrost herein; with the which his majestie, with advice and consent foresaid, hath dispensed and, be thir presents, dispenses for ever.
[1681/7/132]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with advice and consent of the estates of parliament presently conveened by his majesties' speciall authoritie, hes ratified and approven, likeas his majestie, with advice and consent foresaid, for him and his highnes['s] successors, ratifies, approves and perpetually confirmes ane chartor of confirmation, with the precept of seasing therein contained and infeftment following thereupon, granted by our said soveraign lord, with advice and consent of the lords and uthers commissioners of his majesties' thesaurie and exchequer within this his ancient kingdome of Scotland, of the date the tenth day of July jM vjC and sevintie-four years, to and in favors of Anthonie Murray of Dullarie, his airs, assigneys and successors whatsomever heretablie, ratifieand, approveand and confirmeand ane chartor made and granted be the deceist Anthonie Murray of Raith to and in favours of the deceist David Murray, his sone, his airs and assigneyes whatsomever heretablie, of the date the eight day of Aprile jM vC and ninetie-five years; as also, ane other chartor made and granted be the said deceist David Murray to and in favors of the said Anthonie, his sone, his airs and assigneyes whatsomever heretablie, of the date the eight day of July jM vjC and sevintie-three years, off all and haill the four merk land of Raith, alias Dunfallie, the lands of Garvock, as a pairt and pertinent thereof, with power and priviledge to cast, winn and lead away peits, turves, fewall and others necessars from the moss adjacent thereto betuixt the lands of North Kinkell, the lands of Raith, with the pasturages upon the easter moss thereof, conforme to the old rights of the same, and decreits of cognition following thereon, of the date the sext day of October jM vjC and threttie one, with the housses, biggings, yairds, orchyairds, pairts, pendicles and pertinents whatsomever. As also, all and haill that pendicle of Muir of Madertie, begining from the north pairt of the water of Pow, above the west ditch of Carsalerie of Belliclon and thence southward as the ground of the ancient land goes to Hathornbank on the west syde of the said ditch, and thence southward unto the great, gray stone on the northsyde of Glascoon, and thence southward to the gray stone in the midst of Glasierie, and thence to the end of the muir beyond Glasierie, and thence southward to the gray stone, and thence southward from the said gray stone to the stone, commonly called the Tapped Gray stone, in the Muir of Madertie of Belliclon, and thence southward to the burn called Mollenburn, and thence straight westward as the said burn runes to the Pow, and from the said confluence eastward as the water of Cockstream and Pow run to the said ditch of Carsallerie of Belliclon, lyand in the barony of Cairn and shirefdome of Perth. As also, all and haill the lands of Galvellbegg, with housses, biggings, yairds, tofts, crofts, pairts, pendicles and haill pertinents, together with the commontie and common pasturage and sheilling in Glenalmond used and wont, lyand within the lordship of Strathern and shirefdome of Perth, as the samen were possest be the said Anthonie Murray and his tennents. As als, all and haill the tenements of land, housses, yairds, tailles, weekly mercats and others priviledges and pertinents of the samen whatsomever, in the town of Creiff within the stewartrie of Strathern and shirefdome abovewritten, as the samen wes also formerlie possest be the said Anthonie Murray, and his tennents, which tenements, yairds, tailles, priviledges and haill pertinents of the samen whatsomever are bounded and merched in maner following, viz, beginning from the northeast as the muir dyke of the said merch of Galvellbegg, and downward throw the said muir to that gray stone which stands in the way that leids from the town of Kincairdin, and upward by the said way to that way that leids westward and to the church on the southsyd, and thence west ward be the said way to the stripe which runs betuixt the merches of Croftnapack and the foresaids lands of the said Anthonie, and thence downward be the said stripe to the bounds and merches of Pittenzie, and thence westward be the saids merches along as the said muir dyke of the said merch for present stands, where the ash trees growes above the yaird dyke of Pittenzie to the merches of Gallvalsmore, and downward alongst be the saids merches of Gallvellmore, as the saids merches leids from the west and as the said laboured ground leids to the way, which comes from Milnnab and eistward be the said way alongs to the eastsyd of Alexander Govan's biggings, thence upward be the said east yaird dyke of the said Alexander to the merches of Galvellmore, and thence eastward by the saids merches [...] to the burn of Anlogin, which runs throw the town of Creiff to the common way, and eistward be the said common way upward from the said Anthonie his lands of Gallvallbegg, lyand within the said barony of Cairn and shirefdome of Perth. As also, with libertie and perpetuall licence from the old abbott of Inchafray, and his successors, both of fishing arks, netts, gullets and uthers instruments whatsomever needfull for taking of eells and uther fishes in the loch commonly called Powchafray, alias Pow of Inchafray, lyand within the barony of Dullarie, stewartrie of Stratherne and shirefdome abovewritten, and of making, building and setting up arks, netts, gullets, heapes of stones and earthen dyks, of casting and ditching stanks for keeping water, and of wining and cutting stones, damming burnes for keeping waters and free course, and inbringing thereof upon the foresaids lands, wherever the said Anthonie and his foresaids pleases, as the bounds and merches of the samen are extended, and for preservation of the saids lands and keeping up of the samen and gullets and others instruments necessar for taking of the saids fishes, als oft as it shall seem expedient to the said Anthony and his foresaids, togither with all other easements, liberties, priviledges and commodeties any way belonging to the said licence and liberties; as also, with the common and commonties in and throw all pairts of the Muir of Belliclon and kerss of the samen adjacent thereto the said pairt of the Muir of Madertie belonging to the samen and lying on the east syde thereof, and for casting fewall, faill and devot and for feeding swyne and others upon the said Muir of Belliclon and kerss of the samen, togither with all right, interest, clame of right, propertie and possession whatsomever, alswell petitor as possessor, competent or that may be competent thereto. [And] whilk chartor containes ane new disposition whereby our said soveraign lord, with advice and consent foresaid, of new dispons to the said Anthonie Murray, and his foresaids, the haill abovewritten lands, with the pertinents thereof abovementioned, lyand and bounded in maner foresaid, erecting and uniting the samen in ane haill and free barony to be called, now and in all time comeing, the barony of Creiff, with two yearlie free faires and ane weekly mercat to be holden within the town of Creiff, with power to the said Anthonie Murray, and his foresaids, to uplift and receave the customes and dewties thereof used and wont; to be holden of our said soveraign lord and his highnes['s] successors in few ferme, fie and heretage for ever, in maner mentioned in the said chartor, for the yearlie payment to our said soveraign lord and his highnes['s] successors superiors thereof of the fewferme dewties underwritten, viz, for the saids four merk lands of Raith, alias Dunfallie, with the priviledge and pertinents thereof abovewritten, the lands of Garvock, as a pairt and pertinent thereof, the soume of four merks Scots money, and for the said pairt of the muir, the soume of fourtie shilling[s] Scots as the old fewferme thereof, and in augmentation thereof thretteen shilling[s], four pennies, and in augmentation of the said particle of the muir, three shilling[s], four pennies, and for the sex poultrie foulls, the soume of three shilling[s], four pennies, extending in the haill to the soume of eight merks, sex shilling[s], four pennies, to be uplifted and taken at two termes in the year Whitsonday and Mertimas in winter, with observing, keeping or compeiring at three head courts of the saids lands conforme to use and custome, with the doubleing of the said fewferme at the first year's entrie of the air or airs thereto; as also, for the saids lands of Gallvellbegg, with the commontie, pairts and priviledges thereof abovewritten, the soume of sexteen merks as the old fewferme thereof, with the soume of three shilling[s], four pennies for the new augmentation thereof; as also, for all and sundrie the saids lands, housses, tenements, yairds, taills and uthers pertinents and priviledges of the said town and barony of Creiff, the soume of threttein shilling[s], four pennies money foresaid, at the termes abovewritten, with the doubleing of the said few ferme the first year of the entrie of the air, as said is, as also paying others dewties and services contained in the old originall rights and infeftments thereof used and wont, dispensing with the not production of the saids old infeftments and chartors mentioned in our soveraign lord, his chartor of confirmation, and new donation or disposition, as said is, and with all and sundrie others imperfections and objections that can be alledged against the samen for now and ever. Attour our said soveraign lord, with advice and consent foresaid of the estates of parliament, wills and grants and, for his majestie and his highnes['s] successors, decernes and ordaines that this present ratification shall be als laufull, valide and effectuall to the said Anthonie Murray, and his foresaids, for their securitie and peaceable bruiking and joysing of the saids lands, housses, tenements and others abovewritten, erect and unit in ane free barony, as said is, with the saids two free fairs and weekly mercats of the samen holden within the said town of Creiff, and uplifting of the customes and uthers dewties thereof, as said is, as if our said soveraign lord, his said chartor of confirmation and new disposition, precept of seasing therin contained and instrument of seasing following thereupon, were herein word be word insert and ingrossed; wherewith our said soveraign lord, with advice and consent of his saids estates of parliament, for him and his highnes['s] successors hes dispensed and, be thir presents, dispenses for ever.
[1681/7/133]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with the advice and consent of the estates of this present parliament, ratifies and approves the chartor, donation and concession made and granted be his majestie, under his great seale of this kingdome, of the date at Whitehall, the eighteen day of November jM vjC and sevintie-sex years, with the advice and consent of the commissioners of his majesties' thesaurie and exchequer of the said kingdome, to and in favors of John Brown of Braid, designed therein John Brown of Gorgimilne, his airs, assigneyes and successors whatsomever heretablie, off all and sundrie the lands and barony of Braid, with the mannor places, housses, biggings, yairds, orchyairds, barns, byres, stables, dowcats, meadows, muirs, maresses, milne, milnelands, multurs, sucken, sequells and haill pertinents thereof; moreover, his majestie, of his certane knowledge and proper motive, did thereby of new give, grant and dispon and, for his highnes and successors, perpetually confirme heretablie, to the said John Brown, and his airs and assigneyes whatsomever heretablie, the saids lands, barony, milne, milnelands and others foresaids with the pertinents, with all title, interest, right, clame of right, propertie and possession, petitor or possessor, whilk his majestie or his predicessors had, hes or might any wayes have or pretend thereto, or to any pairt thereof, or mailles, fermes, profits and dewties of the samen, be reason of escheit and liferent, ward, releiff, mariage of airs, nonentrie, recognition, forfaulture, purpresture, disclamation, bastardie, as last air, alienation of the whole or greater pairt, want of confirmation, not shewing of holding or change thereof, reduction of infeftments, seasings, retours or not produceing thereof in due time, or omitting and loseing the old evidents thereof, or be whatsomever generall or speciall confirmations made be his majestie and his predicessors, or be whatsomever submissions, decreits or determinations following thereon, or be vertue of whatsomever acts of annexation, acts of parliament or any uther acts, lawes, statuts or constitutions whatsomever, or be any uther way, right or title for whatsomever cause or occasion preceeding the date of the said chartor, resigning, dischargeing and overgiving the samen, with all benefite thereof, and all action, instance and execution competent or that may be competent therefore, and dischargeing the said John Brown, and his foresaids, from all wards and nonentrie dewties and other dewties and casualities due and payable to his majestie furth of the saids lands, cum pacto de non petendo and dispensing with all faults and imperfections and with the generalitie foresaid; to be holden all and haill the saids lands and barony, milne, milnelands, multurs and uthers foresaids, with the pertinents, of his majestie and his successors in taxt ward, fie and heretage, be reason of the change and holding thereof from simple to taxt ward, for payment yearlie to his majestie and his successors (in vice and place of the rights, services and dewties dew to his majestie for the saids lands and barony before the said resignation) the taxt dewtie, taxt availl of the mariage afterspecified, so often as the saids lands should happen to fall in the hands of his majestie and his successors be reason of minoritie and nonentrie, off the soume of three hundreth and ninety merks Scots money, at Whitsonday and Mertimas be equall portions, with the like soume of three hundreth and ninety merks for the releiff, as also the soume of seven hundreth and eighty merks for the mariage of the airs and successors of the said John Brown, swa oft as the samen should happen to fall in the hands of his majestie and his successors, [and] in respect his majestie, of his certane knowledge, royal authoritie and kingly power, with advice and consent foresaid, be the said chartor changed the foresaid old way of holding from simple ward to taxt ward, for payment allenarlie of the dewtie abovespecified, for all other burden, dewtie, exaction, question, demand or secular service, which can be exacted or required furth of the saids lands, likeas his majestie, with consent foresaid, willed, granted and declared that it should be laufull to the appearand airs and successors of the said John Brown to obtain themselves dewlie and lawfullie served, retoured, infeft and seased in the saids lands and barony from time to time, notwithstanding they should be minors for the time, anent whose minoritie, as also with the judges it should happen them to be served, retoured, infeft and seased, as said is, and personallie should pass upon the said service and inqueist, and all uthers whom it effiers, his majestie, with advice and consent foresaid, dispensed for ever; with ane precept of seasing contained in the said chartor, whilk likewise containes severall uther heads, articles and clauses togither with ane instrument of seasing following thereupon, in all and sundrie the haill heads, points, articles and conditions of the said chartor, precept of seasing therein and instrument of seasing foresaid following thereupon, after the forme and tenors thereof respective in all points. And further his majestie, with advice and consent foresaid of the saids estates of parliament, statuts and ordaines, wills, grants and declares that this present ratification abovewritten is and shall be als valide, effectuall and sufficient and of als great force, strength and effect to the said John Brown, and his foresaids, as if the said chartor and precept of seasing and instrument of seasing abovespecified following thereupon wer at length word by word particularly insert herein, albeit the samen be not so done; whereanent and als anent all uther defects, imperfections and nullities and uthers whatsomever, whilk any wayes may be alledged or objected against the said chartor, precept and instrument of seasing and this present ratification thereof, his majestie, with advice and consent of the saids estates of parliament, hes dispensed and, be thir presents, dispenses for ever.
[1681/7/134]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with advice and consent of the estates of parliament, hes ratified and approven and, be the tenor hereof, ratifies and approves the chartor and infeftment made and granted be his majestie, under his great seale of Scotland, of the date at Windsor Castle, the fourth day of July last jM vjC and eightie-one yeirs, whereby his majestie, with consent of the lords commissionars of thesaurie and exchequer, upon the consideration and in corroboration of the rights therin mentioned, gave, granted and disponed and perpetually confirmed to Mr James Brand, younger of Babertoun, eldest laufull sone to Alexander Brand of Babertoun, merchant burges of Edinburgh, his airs and assigneys whatsomever heretablie, all and haill the lands of Reidhall, with the tower, fortalice, mannor place, housses, biggings, yairds, orchyairds, woods, fishings, pairts, pendicles and pertinents thereof, lyand in the parochin of Haills and shirefdome of Edinburgh; and als, all and haill the thrid pairt of the lands of Eisterhaills, and thrid pairt of the walkmilne thereof, with housses, biggings, barnes, yairds, tofts, crofts, pairts, pendicles and pertinents thereof; all and haill ane two pairt of the saids lands of Easter Haills, with a two pairt of the foresaid walkmilne thereof, togither with all other milnes, alswell corn milnes as walkmilnes bigged alswell upon the thrid pairt of the two pairt of the foresaids lands of Easter Haills, lyand within the lordship of Musselburgh and shirefdome of Edinburgh foresaid. And his majestie, with consent foresaid, of new gave, granted and disponed to the said Mr James Brand, and his foresaids, all and haill the lands and others abovewritten with their pertinents, togither with all right and title whatsomever which his majestie or his predicessors or successors had, hes or any wayes may have, ask, clame or pretend thereto, or to the maills and dewties thereof, in maner as is more fully mentioned in the said chartor; to be holden of our said soveraign lord in fie and heretage for ever, for the yearlie payment to his majestie, and his successors superiors thereof, of the rights and services used and wont, with this provision: that albeit the saids lands of Reidhall, with the tower, fortalice and pertinents thereof, or any pairt or portion of the samen, which are holden ward of his majestie should happen to fall in his majesties' hands be reason of ward, yet nevertheles, the said Mr James Brand, and his foresaids, should peaceablie bruik, joyse, occupie, labour and possess the samen, for the yearlie payment to his majestie of the soume of fourtie pounds Scots money yearlie during the said ward and nonentrie, and the like soume for the releiff, and the soume of five hundreth merks money for the mariage of the air, when the samen should happen, to the which soumes of money respective his majestie did tax the said ward, nonentrie, releiff and mariage, and assigned and disponed the samen to the said Mr James Brand, and his foresaids, in maner as is more fully mentioned in the said chartor; and if it should be found that the saids lands of Easter Haills with the pertinents are holden immediatly of John, duke of Lauderdale, his majestie gave full power, warrand and commission to the lords commissioners of thesaurie and exchequer to grant warrand for a presentation under the testimoniall of his majesties' great seale nominating and presenting the said Mr James Brand, and his foresaids, immediat heretable tennents and vassalls of the saids lands of Easter Haills, with the pertinents, to the said John, duke of Lauderdale, requiring him to infeft them therintill, as the said chartor and infeftment, containing severall other clauses, at more length bears; togither with the precept of seasing therin insert and instrument of seasing following or to follow thereupon, in the haill heads, articles clauses and circumstances thereof; [and] declareing hereby this present generall ratification to be als valide and sufficient as if the foresaid chartor and seasing were at length word by word insert herein, notwithstanding the samen be not so done; whereanent his majestie, with consent foresaid, hes dispensed and hereby dispenses for ever. And his majestie, with consent foresaid, statuts and ordaines the foresaid chartor and infeftment to stand and be a good, valide and sufficient right to the said Mr James Brand, and his foresaids, of the lands and others abovewritten with the pertinents, to be bruiked, joysed, used and disponed upon be him as his owne proper heretage in all time comeing, at his pleasure.
[1681/7/135]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with the speciall advice and consent of the estates of parliament, considering and calling to mind and seriously perpending the good, faithfull and acceptable services done to his majestie, alswell in time of warr as peace, be his highnes['s] faithfull subjects Lieutennant Collonell Edmond Maine, Major Theophilus Ogilthorpe and Captane Henry Cornwall, and his majestie, being desireous to gratifie them for their bygone service, and also to encourage them and all subjects to continue in the like dewtie and loyaltie for the future, therefore our said soveraign lord, with consent foresaid of his saids estates of parliament, be thir presents ratifies, approves and perpetually confirmes ane signature or warrand superscrived by his majestie, of the date at Windsor Castle, the elevinth day of May jM vjC and eightie years, and docqued be [...], sole secretary of state of his highnes['s] ancient kingdome of Scotland, whereby our said soveraign lord, with consent of the lords commissionars of his highnes['s] thesaury and exchequer of the said ancient kingdome, ordains ane chartor to be made and past under the great seale thereof, in due and competent forme, giveand, grantand and disponand and, for his highnes and his successors, perpetually confirmeand, likeas his majestie, with consent foresaid, be the said signature, gives, grants and dispons and, for him and his successors, perpetually confirmes to the said Colonell Edmond Maine, Major Theophilus Ogilthorp and Captane Henry Cornwall, equallie and proportionally, and to their airs and assigneyes whatsomever heretablie, all and haill the lands and barony of Earlestoun, with the castle, tower, fortalice, mannor places, housses, biggings, yairds, orchyairds, parks, meadows, dowcats, cuningares, coalls, coallheughes, mosses, muirs, pasturages, woods, fishings, tennents, tennandries and service of free tennents, milnes, milnelands and astricted multurs, used and wont, with all their pertinents, lyand within the parochin of Dalry, stewartrie of Kirkcudbright and shirefdome of Wigtoun, comprehending the particular townes, lands, patronage of St John's Kirk of Dalry, teinds, parsonage and viccarage of the said parochin and uthers specified in the said signature. As also, all and haill the baronies of Kenmuir and Glestoune and barony of Crocemichaell, comprehending the particular townes, lands, milnes, milnelands, patronage of the kirk of Crocemichaell, teinds, parsonage and viccarage thereof and others therein mentioned, and certane other townes and lands and others lyand within the baronies of Buttle and Kilpatrick Duram, and other lands, teinds and others therin exprest, and here holden as for exprest brevitatis causa and all pertaining heretablie of before to Mr William and Alexander Gordones, elder and younger of Earlestoune, or ane or other of them and their predicessors and authors, fra whom they either derive right or to whom they may succeed jure sanguinis therein, togither with all other townes, lands, baronies, tenements, milnes, woods, fishings, rudes, aikers, teinds, superiorities and casualities thereof pertaining and belonging to the saids Mr William and Alexander Gordones and their predicessors and authors, fra whom they or either of them derive their right, hes succeeded or may succeed to, by any maner of way of whatsomever names or designations the same be, and wherever the same ly or be within the said kingdome, togither also with all burghs of barony, weekly mercats, yearlie free fairs, patronages of kirks, chaplanries, altarages and prebendaries, offices of bailliarie, mairdome and others, anwellrents if any be upliftable furth of the saids lands, and others foresaids, and annuities of the saids teinds, and all other priviledges, liberties and immunities pertaining and belonging, or that is or shall be known to appertain and belong to the saids lands, teynds and others foresaids, and that were possest and enjoyed be the saids Mr William and Alexander Gordons, at any time before the sentence and dome of forfaulture afterspecified, alswell not named as named, and all here holden as for exprest as said is. And siclike, all and haill the barony of Craichlay, comprehending the particular townes, lands, milnes, milnelands, burgh of barony, weekly mercat, yearlie faires and others specified in the said signature, and here holden as for exprest brevitatis causa; and all and haill the five merkland of Thrave, the two merkland of Kirimoir, the two merkland of Kirkland of Kirkinder, the one merkland of Park, the three merkland of Kirkchrist, with the pertinents, the lands of Skeanantoun, Kirktoun of Wigtoun, Knockarne and Glasserioch, [...]† land of Gary, Kilmalne and Kiraybroun Barlennan, the two merkland of Barnairnie and Culskae, the two merkland of Kenmuir and Barhaple, the lands of Over and Nether Glasswicks, Killell, Kirkchrist and Kirimoar, extending to ane sexteen merkland or thereby, all lyand in maner specified in the said signature; and all and haill ane anualrent of [...] Scots money less or more yearlie, upliftable out of the lands of Gass and others, at the termes specified in the rights and infeftments thereof, with the mannor places, housses, biggings, yairds, milnes, milnelands, multures and sequells thereof, mosses, muirs, marresses, woods, fishings, outsetts, insetts, annexis, connexis, dependancies, pairts, pendicles and universall pertinents of the saids haill lands, with the teinds parsonage and viccarage thereof, and annuities of the same, patronages of kirks and others, all pertaining heretablie or otherwise to James Gordoun of Craichlaw, younger, or his authors and predicessors and fra whom he derives right, or whereunto he jure sanguinis may succeed to them or ane or other of them, togither with all others lands, heretages, tenements in burgh, roods, aikers in and about the same, woods, fishings, milne, milnelands, teynds, anualrents, superiorities and casualities thereof, annuities, offices of bailliarie, mairdomes, burghs of baronie, weeklie mercats, yearlie free fairs and others, with all priviledges, customes, liberties and casualities pertaining and belonging to the said James Gordoun, and his saids predicessors and authors, and to which he hes right and may succeed, alswell not named as named, wherever the samen be or ly within the said kingdome, and under whatsomever names and designations the same be off, all in the said signature holden as for exprest [brevitatis causa]. And likewise, giveand, grantand and disponand and perpetually confirmand to the saids Lieutennent Collonel Maine, Major Ogilthorp and Captain Cornwal, and their foresaids heretablie, the towns and lands of Kaitloch, with the mannor place, housses, biggings, yairds, orchyairds, milns, milnelands, multures and sequells thereof, woods, fishings and remanent pertinents therin exprest; the lands called the Tuenty shilling lands, the two merkland of Munygill, the two merklands of Over Kirkcudbright, the two merk and halfe merk land of Dunryan, the tuentie shilling land called [...], the land of Dalskerath, the merkland of Holme, with the milne called Staikfoord Milne, multures and sequells thereof, the two merkland of Mungyll, the sex merkland in Galloway, called Holme, haill housses, biggings, yairds, orchyairds, mosses, muirs, woods, fishings, outsetts, insetts, annexis, connexis, dependances and teinds parsonage and viccarage, of all the saids lands and others foresaids, all pertaining heretablie or otherwise to Mr William Ferguson of Kaitloch, and his predicessors and authors fra whom he derives right or to whom he may succeed jure sanguinis therein, togither with all other lands, heretages, tenements within burgh, rudes, aikers and yairds in and about the same, woods, fishings, milnes, milnelands, teinds, annuelrents, superiorities, few dewties, blensch dewties and other dewties and casualities thereof, annuities, offices of bailliarie, mairdome, burghs of barony, weekly mercats, yearlie free faires and others, with the priviledges, customes, liberties and casualities belonging to the said Mr William Ferguson, and his saids predicessors and authors, and to which he hes right and may succeed, alswell not named as named, wherever the samen be or ly within the said kingdome, and under whatsomever names or designations the same be off, all holden as for exprest in the said signature and chartor. And whilks haill townes, lands, baronies, milnes, milnelands and others particularly and generally above disponed, with the pertinents, are all lyand and more fully designed in maner specified in the said signature, and pertained heretablie or otherwise to the said Mr William Alexander and James Gordons and Mr William Ferguson, and their foresaids fra whom they derive right, or to whom they may succeed as said is, and now pertain to his majestie and are fallen in his highnes['s] hands, and at his gift and disposition, be reason of the forfaulture of the saids persons, lawes and practique of the said ancient kingdome, and prerogative of his majesties' crown in maner, at the time and for the crimes specified in the said signature, and are all dis-unit from all dukedoms and other dominions to which formerly annexed, at least swa many of them as hold immediatly of his majestie, and of new annexed in ane haill and free barony, called Maine Castle, and the mannor place of Earlestoune appointed the principall messuage and ane seasing thereat declared sufficient for the haill to be holden all of them (at least such as formerly held of his majestie otherwise then burgage) to the saids donators and their foresaids, off his majestie and his royal successors as superiors, in free barony, free burgh of barony, frie blench, few ferme, taxt ward, fie and heretage for ever, with all the priviledges of a barony mentioned in the said signature, giveand yearlie the saids donators and their foresaids, for such of the saids lands, baronies and others abovespecified as hold ward to his majestie and royal successors, the rights and services used and wont, at leist in liew thereof, the maills, profites and dewties of the same, ane hundreth and fiftie pounds Scots yearlie for the ward, the like soume for the nonentrie, alsmuch for the releiff and three hundreth pounds money foresaid for the mariage of the airs, when the same shall happen, and to which dewties the saids lands, baronies and others abovespecified holden ward as said is, are taxed by the said signature, and the haill maills, dewties and casualities thereof, now as if the saids casualities were fallen out and then as now assigned and disponed to the saids donators and their foresaids in all time comeing, for payment of the taxt dewties above specified, and of which taxt dewties each air, successor or assigney is to pay only a third, according to the third of the interest belonging to the aire of the person deceissing, and by whose minoritie the ward and nonentrie falls, and the lords of his majesties' thesaurie and exchequer, thesaurer principall and deput for the time being, and his highnes['s] collectors and under receavers, his majesties' advocat and all others his highnes['s] ministers, are discharged fra all further chargeing or pursueing the saids airs, successors and assigneyes on the account of the said ward, nonentrie, releiff and mariage, except for the taxt dewties above mentioned when they fall, and the saids aires, successors and assigneyes impowered to obtain themselves infeft as airs in speciall, be breives furth of the chancellarie, to their predicessors in the saids lands, baronies and others taxed as said is, notwithstanding of the nature of the holding and of their minoritie for the time, and without necessitie of any other warrand or particular dispensation for that effect; anent all which and with the judge and assise, his majestie dispenses, and the breives, services, retoures, precepts and seasings thereon declared to be als sufficient as if done after their tuentie-one years compleit, and als giveand yearlie the saids donators and their foresaids, for such of the other townes, lands, baronies, milnes, milnelands, teinds and others abovedisponed, with the pertinents, as hold of his majestie, otherwise then be service of ward and releiff or burgage as said is, the few dewties, blensch dewties and other dewties due and payable to them as superiors furth thereof, and contained in the originall rights and infeftments of the same, at any time before the said forfaulture, beginnand the first year's payment thereof of the cropt jM vjC and fourscore years, and at the termes used and wont and swa furth yearlie thereafter, in all time comeing. And his majestie discharged the saids donators and their foresaids of all few dewties, blensch dewties and all other dewties and casualities payable to his highnes furth thereof, and out of the other lands and others abovespecified holden simple ward and now taxed, as said is, off all yeirs and termes preceeding the said cropt; and siclike giveand yearlie, for the said burghs of barony, weekly mercats and yearlie faires, ane pennie Scots money if required, and administrating justice to the leidges dwelling therein and resorting thereto, and in like maner to be holden and for to hold such tenements, rudes, aikers, yairds and others in and about burghs royall, and within the territories thereof, as formerly pertained to the saids forfault persones and their predicessors and authors, or to which they might succeed, and which formerly held burgage to the saids donators and their foresaids, off his majestie and his royall successors in free burgage for service of burgh, used and wont, and to be holden and for to hold such of the saids townes, lands, milnes, milnelands and others particularly and generally abovedisponed, with the pertinents, that hold not of his majestie, to the saids donators and their foresaids of the respective immediat laufall superiors thereof and their successors superiors of the same, in fie and heretage for ever, and with the priviledges mentioned in the saids forfault persons' and their authors' and predicessors' their rights and infeftments of the same, and to which superiors his majestie nominats and presents the saids donators and their foresaids in immediat heretable vassalls and tennents therein, requiring them to receave accordingly; and the said presentation is declared to be als sufficient as if the individuall lands and others holden of each superior were particularly condescended upon, and the director of the chancellarie ordained to emitt particular presentations to each superior, and likewise to the magistrats of burrows (to whom likewise his majestie presents the saids donators and their foresaids as to what are holden of his highnes['s] burgage as said is) containing the lands and others particularly holden of each superior and of his majesty's burgage as said is, and to append the quarter seale thereto, without necessitie of any other warrand then the said chartor. And likewise, wills that the lords of his majesties' thesaurie and exchequer pass new presentations in favors of the saids donators and their foresaids, containing the particular lands and others, and direct to the respective superiors and magistrats aforesaid as their lordships shall be desired and need require, for the saids donators and their foresaids their farder and better securitie of what is, by his majesties' royall bountie and favor, conferred upon them for their loyaltie and good service as said is. As also, ratifieing, approveing and, for his highnes and his successors, perpetually confirmeing to the saids donators and their foresaids, in ample forme, the haill writs and evidents granted to the saids forfault persons and their predicessors' cedents and authors or ane or other of them, off and concerning the saids haill lands, barronies and others particularlie and generallie abovedisponed with the pertinents, or any pairt or portion thereof, precepts of seasing therein contained holden of the superior and seasings thereon, in the haill heads thereof, off whatsomever dates, tenors or contents the same be of, and the generalitie of the said confirmation, declared to be als sufficient as if all were de verbo in verbum insert, and as if the said confirmation were granted before taking of seasing and deceiss of the persons granters and receavers of the rights; and as to the kirklands, the confirmation granted before the year jM vC, fourscore [and] seven, and all which writs, with all other writs relating to any other lands or others holden of other superiors and haill obleidgments therincontained, togither with the sentence and dome of forfaulture pronunced against the saids persons, and dewties of the saids haill lands and others foresaids of the said cropt jM vjC [and] eightie, and thereafter in time comeing, are all assigned by his majestie to the saids donators and their foresaids, with power to quarrell and impugne the rights of all other pretendars as accords, and wherein his majesties' advocat is ordained to concurr for his majesties' interest. And his highnes recommends to the lords of his majesties' privie councill of the said ancient kingdome to possess the saids donators and their foresaids in the saids lands and others above specified, conforme to the said gift in all points, and wills and declares the production of the said sentence and dome of forfaulture and extracts of the seasings of the saids lands, to be sufficient in all judgments petitor and possessor, yea in improbations, without necessitie of production of the principall writs themselves, or yet the grounds of the saids sentences of forfaulture which may be abstracted, and anent which non production, his majestie, with consent foresaid, dispenses for ever. And recommends to the lords of councill and session to interpret the said sentence to the best sense that law or their nobile officium can allow. And lastly, our said soveraign lord, with advice and consent foresaids of his estates of parliament, likewise ratifies, approves and confirmes the chartor, under his highnes['s] great seale of the said kingdome, to be past and exped on the said signature, precept of seasing to be contained therein and instrument of seasing to follow thereupon, togither with the presentations to be emitted by the said director and his deputs, or of new to be past in exchequer as said is, and both under the said quarter seale direct to the saids other superiors and magistrats of burrows, and chartors and seasing to follow thereupon, in the haill heads, articles, clauses and conditions of the said signature, presentations, chartors and seasings; and wills, decernes and ordaines this present generall ratification to be als valide and sufficient and of als great force, strength and effect, to all intents and purposes, to and in favors of the saids donators and their foresaids, for ever in all time comeing, as if the chartor on the said signature wer expead the great seale and they thereupon infeft, and as if the saids presentations were direct, as said is, and they also, be vertue thereof, and chartors to follow thereupon, likewise accordingly infeft, and as if all the saids signature, chartors, presentations and seasings were word by word herein insert and ingrost, albeit not swa done; whereanent and with all that may follow thereupon, and with all nullities, faults and imperfections therein, and that can any wayes be obtruded to and objected against the same, any maner of way, our said soveraign lord, with consent foresaid of his estates of parliament, hes dispensed and for his highnes and his royall successors, be thir presents, dispenses for ever.
[1681/7/136]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with the speciall advice and consent of his estates of parliament, for the good and faithfull services done and performed to his majestie be James Calder of Muirtoun, alswell in time of warr as peace, be thir presents ratifies, approves and perpetually confirmes ane chartor, of the date at Windsor Castle, the tuentie-one day of August jM vjC and sevintie-nine years, granted be his majestie, under his highnes['s] great seale of his ancient kingdome of Scotland, proceeding upon a signature and warrant under his majesties' royall hand, and by which chartor, our said soveraign lord, with consent of the lords commissioners of his highnes['s] thesaurie and exchequer of the said ancient kingdome, ratified, approved and perpetually confirmed the right and disposition granted be the deceist Robert Innes of Muirtoun, eldest laufull sone and air to the deceist Sir Robert Innes of Muirtoun, in favors of Mr Thomas Innes, eldest laufull sone and air to the deceist John Innes, nottar publict in Aulderne, and his airs and assigneyes therein specified, of the date the eighteen day of October jM vjC and seventy-two yeirs, off all and haill the town and lands of Struthers, with that peice new riven in land adjacent thereto, which is a pairt and pendicle thereof and of old possest by Robert Tawas and Thomas Forsyth, alias Tows; as also, of all and haill the towns and lands of Winderlaws, Cruiks and Cousland, with all and sundrie tofts, crofts, outsetts, pairts, pendicles and pertinents of the same, lyand and bounded in maner specified in the said chartor; and in like maner, of all and haill the towne and lands of Newtoun of Kinloss and Gradoch, with all and sundrie their maner places, housses, biggings, yairds, orchyairds, woods, parks, dowcats, cuningars, outsetts, insetts, annexis, connexis, muirs, marresses, meadows, priviledges, liberties, easements and universall pertinents, belonging and that shall be known to appertain and belong to the saids haill lands and others foresaids, as they ly in length and breadth and are otherwayes bounded in the originall rights and infeftments of the same, which are held as for exprest in the said chartor, all lyand within the barony and lordship of Kinloss, parochin thereof and shirefdome of Elgin and Forres, with full, ample and free power and libertie of the commontie and common pasturage in the hill of the Drum of Pluscarden, and uther places used and wont, for casting, wining, leading and away taking of peits, turves, fewall, faill, devat, foggage and firr, for the use of the foresaids haill lands and others foresaids, and with free ishe and entrie, be all the common wayes of the same, likewayes according to use and wont, togither in likemaner with the teinds, parsonage and viccarage of the saids haill lands and others foresaids, and all other dispositions, contracts, chartors and other writs and evidents, rights and securities made and granted be the abbotts of Kinloss and their convents, and be his majesties' most royall progenitors kings and queens of Scotland and their regents for the time, to the said Mr Thomas Innes, and his predicessors, cedents and authors or ane or other of them of the saids lands and others foresaids, or any pairt thereof at any time before or since the Reformation, to be holden of the superiors thereof and their successors in maner and for payment of the dewties therein exprest, of whatsomever dates, tenors or contents the same be of, and speciallie but prejudice of the generalitie foresaid [of] ane chartor granted be Walter, abbot of the monastrie of Kinloss, with consent of the convent thereof, to John Anderson of Struthers and Janet Gibson, his spouse, and his airs and assigneyes therein specified, of the saids lands of Winderlaw and Cruicks thereof, with the pertinents, lyand and bounded in maner therin specified, to be holden of the said abbot and his successors for payment to them yearlie of fourtie bolls bear without charitie, at the feast of Candlemas, or the soume of sex shilling[s], eight pennys Scots money for each undelivered boll thereof in the option of the payers, extending in money to thretteen pound[s], sex shilling, eight pennies money foresaid, and thirteen shilling[s] [and] four pennies money abovewritten in augmentation of the rentall, extending in the haill the said old few dewtie and augmentation to fourteen pounds money abovewritten, at Whitsonday and Mertimas be equall portions, and doubleing the said fourteen pounds money foresaid at the entrie of each air thereto, and performeing three suits at the three head courts of the said monastrie, dated the said chartor at Kinloss, the sexteen day of [...] jM vC and seventie years; with ane other chartor granted be the said abbott, with consent foresaid, to the said John, therein designed Sir John Anderson, and his foresaids, of the saids lands of Struthers, and new riven in lands with the pertinents, to be holden of the said abbott and his successors for payment of the dewties therein exprest, dated the [...] day of [...]; and chartor made be the said Sir John, with consent of the said abbott and convent, to William Dumbar of Hempriggs of the same, to be holden of the said abbott and his foresaids for payment of the dewties above specified, dated the fourteen day of May jM vC and sevintie-eight years, and the chartor and right made be the said Sir John to Marjorie Anderson, his daughter, and Robert Leslie, her spouse, of the saids lands of Winderlaws, Cruicks and Cowsland with the pertinents, to be holden of the said abbott; and chartor made be the said abbott, with consent of the said convent, to the said Robert of the same, to be holden as said is, dated the elevinth day of March jM vC and seventie nine; and chartor and right made be the said Robert to the said William Dumbar thereof, dated the tuenty fourth day of November jM vC and nyntie eight, and right made be the said William and John Dumbar, his sone, to John Hay of [...], and his spouse and his airs and assigneyes, of the saids lands of Struthers, new riven in lands, Winderlaws, Cruicks and Cowsland with the pertinents, dated the tuentie-ninth day of May jM vjC and elevin, to be holden of the superior, and chartor following thereon, of the date of the said right, and chartor and disposition of the saids lands and others foresaids, made be the said John Hay to William Hay, his sone, to be holden of the superior, dated the elevinth day of June jM vjC and eighteen years; and the said William his service, retoure and precept, as air to his said father therein, holden of his majestie, and rights made be the said William thereof to Alexander Dumbar of Asklisk, the tuentie-one day of May jM vjC and thirtie years, and originall few chartors of the saids lands of Newtoun of Kinloss and Gardoch to the said Mr Thomas Innes, his originall authors therein mentioned, be the said abbott, for payment of the few dewtie therinspecified and rights made be the saids persons and their successors, in favors of the deceist Mr James Dumbar of Newtoun, and right made be the said Alexander Dumbar of Asklisk, as his air to George Dumbar, his sone, after designed of Inschbrock, of the saids lands of Newtoun and Gardoch, and likewise of the saids lands of Struthers, new riven in lands, Winderlaws, Cruicks and Cousland, with the pertinents, holden of the superiors, the tenth day of June jM vjC and threttie-two years and [...] day of [...] jM vjC and fiftie years, with the chartors following thereon, to be holden of the superiors, instruments of seasing following on all the saids chartors and rights; and contract past betuixt the said George Dumbar and the said deceist Sir Robert Innes of Muirtoun, dated the first day of September jM vjC and sextie-three years, whereby the said George disponed to the said Sir Robert, his airs male and assigneyes heretablie and irredeemablie, the haill towns, lands and others abovementioned, disponed to the said George be his said father and obleidged him to infeft them therein, a me or de me with the seasing following on the said contract, the tuenty sexth day of the said moneth. Item, Robert Innes of Muirtoun his service and retoure as aire to the said Sir Robert therein, precept on the said retoure and seasing following thereon, all of the dates therin mentioned, in the haill heads, clauses, articles, circumstances and conditions of all the saids writs above confirmed, of the dates, tenors and contents abovespecified, or of whatsomever other dates, tenors or contents they be of, and be the said chartor, under the great seale, it is declared that the said generall confirmation shall be als sufficient as if all were therein particularlie insert, and as if the said confirmation were granted be his majestie and most royall progenitors before the year jM vC, fourscore [and] seven and before the deceiss of the abbotts and others granters and receavers of the saids rights, and the said service, retoure, precept and seasing thereon in favors of the said Robert Innes, as aire foresaid, to be als sufficient as if his father and all his authors had been confirmed ab ante, holden of his majestie, and dispenses with the same and with the assise and judge in the said service, reserveand to his majestie and his royall successors the dewties due and payable to them furth of the saids lands and others foresaids before the said confirmation and contained in the originall infeftments, togither also with the chartor of confirmation, under the great seale, dated the fourth day of August jM vjC and eightie years, granted be his majestie, with consent foresaid, off the saids haill lands and others abovespecified and teinds thereof, in favours of James Calder of Muirtoun, his airs male and assigneyes heretablie and irredeemablie, and of the right and disposition made be the said Mr Thomas to the said James, and his foresaids, of the same and of all mosses, muirs and others priviledges belonging thereto, to be holden of his majestie and his royall successors, precepts of seasing therein contained, chartor following or competent to follow thereupon, precept of seasing therin contained and seasing following or to follow thereupon, and which disposition is dated, the tuenty-fifth day of March jM vjC and seventie [...] years, in the haill heads, articles and clauses thereof; and our said soveraign lord, with consent of his saids estates of parliament, decernes and declares this present ratification to be als valide and sufficient and of als great force, strength and effect as if the haill chartors, dispositions, contracts, services, retours, precepts, seasings and others writs generallie above confirmed were word by word herein insert; whereanent and with all nullities, faults and imperfections, in all or either of the saids rights, our said soveraign lord, with consent foresaid, hereby dispenses and renunces and overgives the same in favors of the said James Calder and his foresaids for ever, reserveand alwayes to his majestie and his royall successors, in maner as is above reserved. And further his majestie, with consent foresaid of his estates of parliament, for the good and faithfull services done be the said James Calder to the crown, alswell in time of warr as peace, be thir presents conferrs upon and gives, grants and dispons to the said James, his airs successors and assigneyes whatsomever, the power, libertie and priviledge of a free yearlie fair to be keeped be them upon the ground of the lands of [...] or any other pairt of his estate most convenient for that effect, and that upon the [...] Tuesday of [...] yearlie and to continue for the space of four dayes after proclamation, and that for buying and selling of horss, nolt, sheep, lining, wooll, skin, tallow, hyds, plaiding, timber and all other kind of merchandice and goods whatsomever, alswell not named as named; and siclike, with power to the said James Calder, and his foresaids, to appoint baillies and officers under them for the better government of the said yearlie fair and keeping of the same in peace, and to fine and punish transgressors therein, according to law, and to exact and uplift toles and customes of the said merchandice and goods, and to doe every thing els in relation to the said free fair that any burgh or heretor of a free fair hes done, does or may doe at any time bygone or to come, be vertue of their infeftments, gifts or other rights, and appoints the said yearlie fair to be called, now and in all time comeing, [...] fair.
[1681/7/137]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with the speciall advice and consent of his estates of parliament, considering the good and faithfull service done and performed to his majestie and most noble progenitors be James Calder of Muirtoun and his predicessors, alswell in time of warr as peace, and particularly by the said James himselfe the time of the late rebellion, and how zealous he was in promoveing his highnes['s] service therein, therefore, our said soveraign lord, with advice and consent foresaid, be thir presents ratifies, approves and perpetually confirmes ane chartor granted be his majestie, under his great seale of his ancient kingdome of Scotland, proceeding upon a signature, under his majesties' royall hand, of the date at [...], the [...] day of [...] last bypast, wherby his highnes, with consent of the lords commissioners of his majesties' thesaurie and exchequer of the said ancient kingdome, gave, granted, disponed and perpetually confirmed to the said James Calder, and airs male procreat or to be procreat of his body, whilks failyieing to his other airs male whatsomever, whilks all failyieing to his airs whatsomever and their assigneyes, heretablie and irredeemablie, all and haill the halfe coble salmond fishing upon the water of Inverspey, with the courach fishing belonging thereto with the pertinents thereof, used and wont, togither with the corsshous pertaining thereto, at the southeast of the town of Garuioch, bounded in maner therein specified, lyand within the shirefdome of Elgin and Forres, and that as for the principall; and siclike, all and haill the milne of Innes, multurs, sucken and sequells thereof, with the milnelands of Innes and upper meadows, with that pairt of the Greens now possest by James Brander; and all and haill the town and lands of Kempstoun, Waterscott, Broomhill, Sclentock, Branstoun and Speyslaw, with all ther housses, biggings, yairds, tofts, crofts, outsetts, insetts, commonties, pasturages, mosses, muirs and pertinents of the same whatsomever, used and wont, lyand within the barony of Innes and shirefdome foresaid, and that in speciall warrandice and reall securitie of what is principallie disponed, as said is, in case of eviction and effeirand to the rent therein exprest; and whilk chartor proceeds upon the resignation of Sir Robert Innes of that ilk, James Innes, younger thereof, his eldest sone, and Dame Jean Ross, spouse to the said Sir Robert, togither with the clause de novo damus contained in the said chartor, and discharge of the clauses irritant therin contained, dispensation for taking seasing at the saids corsshous or water syde for the whole, to be holden the saids fishings, with the corsshous and pertinents as principall, and lands and others foresaids disponed in reall warrandice thereof, off his majestie and royall successors as superiors, to the said James Calder and his foresaids, in fie and heretage for ever, and with the priviledges therin contained, for payment yearlie for the said halfe coble salmond fishing and courach fishing belonging thereto, with the pertinents, the soume of threttie-three pounds, sex shilling[s] and eight pennies usuall money of the said kingdome of Scotland, of ancient dewtie and in augmentation of the rentall, the alike soume extending in the haill, of old dewtie and late augmentation, to the soume of ane hundreth merks money abovewritten, at Whitsonday and Lambmas by equall divided portions, and doubleing the said soume of ane hundreth merks the first year of the entrie of ilk aire to the said fishing, as use is of few ferme, for all other burden, exaction, question, demand, benefite of irritancie, secular service or others whatsomever that may be any wayes asked or required, be whatsomever person or persons furth of the saids fishings with the pertinents, be whatsomever maner of way in time comeing, and for the saids lands and others disponed in reall warrandice thereof, incase of eviction, as said is, and that the said James Calder, and his foresaids, attain to the possession of the samen, the fewdewties and other dewties if any be due and payable to his majestie and royall successors furth thereof, and contained in the infeftments of the same, and at the termes therein exprest; togither with the precept of seasing contained in the said chartor and instrument of seasing following or competent to follow thereupon, in the haill heads, articles and clauses of the said chartor and seasing. And our said soveraign lord, with consent of his saids estates of parliament, be thir presents wills, decerns and ordaines this present ratification to be als valide and sufficient and of als great force, strength and effect, to all intents and purposes, as if the said chartor and seasing were word by word herein insert, albeit not swa done; whereanent and with all nullities, faults, imperfections and irritancies contained in the said James Calder, or his authors' rights of the saids fishings, lands and others foreaids, our said soveraign lord, with consent foreaid of his saids estates of parliament, hes dispensed and, be thir presents, dispenses, renunces and overgives the same, and all benefite thereof and action competent thereon, in favours of the said James Calder and his foresaids for ever.
[1681/7/138]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with the advice and consent of his estates of parliament, for the good and faithfull service done and performed to his majestie by Thomas Moncreiff of that ilk, dictator of his majesties' rolls in his highnes['s] exchequer of his ancient kingdome of Scotland, and for certane other onerous causes, good respects and considerations moveing his majestie thereto, be thir presents ratifies, approves and perpetually confirmes ane chartor granted by his majestie, under his highnes['s] great seale of the said ancient kingdome, of the date at Whitehall, the sexth day of November jM vjC and sevinty-four years, proceeding upon a signature, under his highnes['s] royall hand, whereby his majestie, with consent of the lords commissioners of his highnes['s] thesaurie and exchequer, gave, granted and disponed to the said Thomas Moncreiff, and to his airs and assigneyes whatsomever, heretably and irredeemably, all and haill the lands and baronie of Moncreiff and lands of Gilkerstoun, with mannor places, housses, biggings, yairds, orchyairds, milnes, woods, fishings, tennents, tennandries, services of free tennents, pairts, pendicles and pertinents thereof whatsomever, lyand within the parochin of Dumbarnie and shirefdome of Perth, and formerly unit, annexed and incorporat in ane haill and free barony, called the baronie of Moncreiff; as also, all and haill the lands and barony of Easter Moncreiff and lands of Wallacetoun and Kinmonth, with the housses, biggings, yairds, orchyairds, fishings upon the water of Erne, and with all and sundrie their pairts, pendicles and pertinents whatsomever, and which chartor proceeds upon the said Thomas his owne resignation of the saids lands and baronie of Moncreiff and lands of Gilkerstoun, with the pertinents, and of the other lands and others foresaids upon the resignation of John Moncreiff, elder of Easter Moncreiff, and John Moncreiff, younger, fiear thereof, sone and air served and retoured to the deceist John Moncreiff of Easter Moncreiff, and of the said Thomas himselfe, ilk ane of them for their owne pairts, with consent of Robert Moncreiff, uncle on the father syde and tutor to the said John Moncreiff, in the hands of the saids lords commissioners of thesaurie and exchequer; and the said chartor also containes a clause de novo damus in favours of the said Thomas Moncreiff, and his foresaids, in maner therein exprest; likeas, all the saids lands, baronies and others foresaids are thereby erected in ane haill and free baronie, called the baronie of Moncreiff, and the mannor place of Moncreiff appointed to be the principall. messuage thereof, and ane seasing to be taken by the said Thomas and his foresaids thereat, or upon the ground of any other pairt or portion of the saids lands, baronie and others above written, ordained to be sufficient for the haill, notwithstanding of ther discontiguitie, with which his majestie, with consent foresaid, dispenses for ever; to be holden to the said Thomas, and his foresaids, of his majestie and his royall successors in free barony, fie and heretage for ever, by all rights, meiths and merches of the same, old and divised as the samen ly in length and breadth, and with the priviledge of a frie baronie and others therin exprest, giveand yearlie the said Thomas, and his foresaids, to his majestie and his royall successors for the saids lands and old baronie of Moncreiff and lands of Gilkerstoune, and for the saids lands of Easter Moncreiff and lands of Kinmonth, with their mannor places, milnes, woods, fishings and remanent pertinents thereof abovespecified, lyand as said is, the rights and services used and wont before the said resignation, and in place thereof the soume of tuenty pounds usuall money of the said realme of Scotland yearlie, during the ward and nonentrie, the like soume for the releiff, and the soume of ane hundreth pounds money foresaid for the mariage, and to which soumes the saids lands and old baronie of Moncreiff and lands of Gilkerstoun were taxed by a chartor formerly granted to him and his foresaids by his majestie, under the said great seale, dated at Whitehall, the tuentie-fourth day of May jM vjC and sextie-sevin yeirs; as also, of the soume of ten pounds money foresaid yearlie during the ward and nonentrie, the like soume for the releiff and the soume of fourty pounds money abovewritten for the mariage of the airs, whereunto the saids lands of Easter Moncreiff with the pertinents were taxed by the prior infeftments thereof, and for the saids lands of Kinmonth, with the pertinents, the soume of thriescore pounds money foresaid yearlie, during the ward and nonentrie, the like soume for the releiff and the soume of ane hundreth pounds money foresaid for the mariage of the airs, and whereunto his majestie, of certane knowledge and proper motive, with consent foresaid, taxed the same by the said late chartor and of new taxed the saids haill lands, baronies and others foresaids, and haill maills, profites and dewties thereof, to the particular taxt dewties abovewritten, for the saids respective wards, nonentries, releiffes and mariages when the same shall happen; and now as if the same were fallen and then as now, his majestie, with consent foresaid, assigned and disponed the samen in favors of the said Thomas and his foresaids for ever, for payment of the respective taxt dewties abovementioned, and by the said late chartor discharge his thesaurers principall and deputs for the time, and their under receavers, commissioners of his majesties' thesaury, his highnes['s] advocat and all others his donators, from all further troubleing, molesting or pursueing the said Thomas, and his foresaids, for the saids ward, nonentries, releiffs and mariages respective, except for the respective taxt dewties abovementioned; and by the said chartor it is declared that it shall be alwayes laufull to the airs and successors of the said Thomas, in all time comeing, to enter to the saids lands, baronies and others abovespecified, holden taxt ward, as said is, and to be served and retoured therein be breeves furth of the chancellarie, and thereupon to be infeft, notwithstanding they hold ward and that the saids airs and successors be minors for the time, and without necessitie of any other warrand or dispensation for that effect, and dispensed with the inqueist on the saids services and judges and other members therein, and declared the saids services, retoures, precepts and infeftments to follow thereon to be als sufficient as if all were done after the saids airs and successors their full and perfect age of tuentie-one years compleit, or be vertue of a particular dispensation obtained thereanent; and siclike giveand the said Thomas, and his foresaids, to his majestie and royall successors for the saids lands of Wallacetoun ane pennie of silver money foresaid, upon the ground of the saids lands, at the feast of Whitsonday yearlie, in name of blensch ferme if it be asked allenarlie; togither with the precept of seasing contained in the said chartor and instrument of seasing following thereupon, in the haill heads, articles and clauses thereof. And our said soveraign lord, with consent of his saids estates of parliament, wills and grants and, for his highnes and royall successors, decerns and ordains this present, generall ratification to be als valide and sufficient and of als great force, strength and effect, to all intents and purposes, as if the said chartor and seasing were word by word herein insert and ingrost, albeit not swa done; whereanent and with all defects, nullities, faults and imperfections therein, his majestie, with consent foresaid, hes dispensed and hereby dispenses for ever.
[1681/7/139]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with advice and consent of the estates of this present parliament, ratifies and approves and, for his majestie and his successors, perpetually confirmes, in favours of Grissell Mercer, air of tailyie and provision be progres to the deceist Sir James Mercer of Meiklour, knight baronet, one of his majesties' ordinary gentlemen ushers, the chartor granted be our said soveraign lord, with advice and consent of his majesties' principall thesaurer, thesaurer deput and remanent lords and commissioners of exchequer, to the said Sir James Mercer, his airs, assigneyes and successors specified in his infeftments of the lands and baronie of Meiklour, whereby his majestie, with consent foresaid, gave, granted and, for himselfe and his successors, perpetually confirmed to the said Sir James Mercer, and his foresaids, ane burgh of baronie and did make, constitut, creat, erect and incorporat the foresaid town of Meiklour, with the housses, biggings, yairds, tofts, crofts, merches, pairts and pendicles of the samen, viz, the Benhead, the Midrig, the Muirealehouse, the New Park, with certane other lands and pairts, pendicles and pertinents of the samen, lying within the shirefdome of Perth, in ane free burgh of baronie to be called, in all time thereafter, the burgh of baronie of Meiklour. And his majestie did, by the foresaid chartor, with consent foresaid, give, grant and dispone to the said Sir James Mercer, and his abovewritten, the foresaid burgh of baronie and all and sundrie priviledges, liberties and immunities pertaining and belonging to any burgh of baronie within this kingdome of Scotland, with power to the said Sir James Mercer, and his foresaids, and to the said burgh of baronie, with his consent and no otherwise, to choose, creat and constitut baillies, clerks, officers and all other members of court necessar, as also to build, have and erect within the said burgh of baronie of Meiklour ane tolbuith and mercat croce and ane weekly mercat upon Fryday, togither with three free fairs yearlie to be holden within the foresaid burgh of Meiklour, the first thereof upon the sevint day of June, the second upon the sevint day of August, and the third upon the fifth day of September, each of them to continue for the space of four dayes; with power to the said Sir James Mercer, or to the said burgh of baronie, with the consent of him or his successors, to hold baron courts within the said burgh of baronie of Meiklour, and to continue the same at their pleasure, as also to intromet with, collect, uplift and receave the tolls and small customes or taxations of the said burgh of baronie and of the weeklie mercat and free fairs of the samen, with the bloodwits and escheits belonging thereto, with power, libertie and priviledge to the inhabitants of the said burgh of baronie to punish transgressours, as freely as any other burgh of baronie within his majesties' kingdome of Scotland, and to uplift and receave the fines, and to exerce all other things and with all other priviledges, liberties and immunities pertaining or which may be known† to any other burgh of baronie within the foresaid kingdome; to be holden of our said soveraign lord and his highnes['s] successors in fie heretage and free burgh of baronie for ever, for payment of ane pennie Scots money at the feast of Whitsonday in name of blensch ferme, upon the ground of any pairt of the said burgh of baronie, if it be asked allenarlie; which chartor containes ane dispensation to the said Sir James Mercer, and his foresaids, for taking seasing at the town of Meiklour, or upon any pairt of the ground of the same, which his majestie ordaines to stand and be ane sufficient seasing for the said burgh of baronie, priviledges, liberties and pertinents thereof, and is dated at Whitehall, the eight day of June jMvjC [and] sextie-fyve, togither with the precept and instrument of seasing following thereupon. And further, our said soveraign lord, with advice and consent of the estates of this present parliament, ratifies and approves and, for his majestie and his successors, perpetually confirmes, in favors of the said Grissell Mercer, and her airs of tailyie and provision mentioned in the bond of tailyie afterspecified, the chartor and infeftment granted be our said soveraign lord, with advice and consent of the lords and others of his majesties' thesaurie and exchequer, to the said deceist Sir James Mercer, thereby designed his majesties' faithfull servitor, his airs male and assigneyes whatsomever, heretablie and irredeemablie, of all and haill the lands and others under written, viz, all and haill the lands of Nether Carnbo, with the milne, milnelands, multurs and sequells whatsomever, the lands of Brauchtie Holland, the lands of Over Carnbo, with the pendicles thereof, to witt, Craighead, alias Wester Carnbo, with the mannor place thereof, eastsyde of Carnbo, with the hills of Downdraw, Carnhill, Clun, Cormodill, Blacklaw, Innerdounie, Bruntrig, Hogrig and Sheillrig, with the mansion and manner place of the said town and lands of Craighead, as said is, with houses, biggings, yairds, orchyairds, outsetts, tofts, crofts, mosses, muirs, meadows and haill pertinents of the lands and others foresaids whatsomever, tennents, tennandries, service of free tennents and all their pertinents; and siclike, with the haill residue that remaines of the teinds of the saids haill lands and barony of Carnbo, except what is yearlie payed to the minister serving the cure at the kirk of Fossoquhey, all lying within the stewartrie of Strathern and shirefdome of Fife be annexation; which chartor containes ane ratification of all and sundrie infeftments, rights and securities made and granted to the said Sir James Mercer, and his authors, of the lands and uthers abovespecified, with a new gift of the samen and teinds thereof above exprest, and ane dispensation for taking seasing upon the ground of the saids lands of Nether Carnbo, or any other pairt of the lands above written for the haill lands and others abovementioned; to be holden of our soveraign lord, for himselfe and as stewart of the stewartrie of Strathern, and his highnes['s] successors, in fie heretage and free blensch ferme as is aftermentioned, and with a change of the holding of the haill lands and others abovewritten (except the saids teinds) from simple ward to taxt ward, for payment of the taxt dewties afterspecified, viz, the soume of tuentie merks usuall money of this realme of Scotland, at two termes in the year, Whitsonday and Mertimas in winter be equall portions yearlie, during the haill space of the ward or nonentrie or either of them, with the like soume of tuentie merks money foresaid for the releiff thereof, and ane hundreth merks for the mariage of the airs and successors of the said umquhile Sir James Mercer, when it shall happen, for payment of which yearlie dewties and soumes of money abovewritten our said soveraign lord, with advice and consent abovespecified, did by the foresaid chartor give, grant and dispon to the airs and successors of the said deceist Sir James Mercer, perpetually in all time comeing, the said ward and nonentrie, with the haill rents, caines, customes, casualities, profites and dewties of the lands and others above mentioned, with the releiff thereof when it should happen, and the mariage of the airs and successors of the said deceist Sir James Mercer, als oft as the mariage should happen to fall in time comeing, because our said soveraign lord, of his certane knowledge and proper motive, with advice and consent foresaid, had changed the said holding from simple ward to taxt ward, as is therein exprest; and his majestie doeth thereby will and grant, and declare and ordain that it should be laufull to the apparent airs and successors of the said Sir James Mercer, from time to time, in all time comeing of whatsomever age they were for the time, to procure themselves dewlie and lawfullie served, retoured, infeft and seased in the lands and others aboverehearst, albeit the saids appeirand airs were minors for the time, dispenseing with their minoritie and with the judges before whom they should be served, and by whom they should be infeft and seased and with the persons that should pass upon their inqueist and all others having or pretending to have interest, as the foresaid chartor of the date at Whitehall, the fourteen day of August jM vjC and sextie-eight more fully proports; togither with the precept and instrument of seasing following thereupon. And in like maner, our said soveraign lord, with advice and consent foresaid of the estates of this present parliament, ratifies and approves and, for his majestie and his successors, perpetually confirmes ane bond of tailyie and procuratorie of resignation therin contained, dated the threttie-one day of July jM vjC and sextie-nine years, made and granted by the said Sir James Mercer whereby, for the reasons and causes therin exprest, he band and obleidged him and his airs of lyne, male, tailyie and provision, and all others his airs and successors whatsomever, to make due and laufall resignation of all and sundrie his lands, baronie and others underwritten, to witt, all and haill the lands and baronie of Meiklour, comprehending the towns and lands particularly underwritten, viz, the land of Ballefie, Ballohous, Culcairny, Kinnaird, Adein, Dalkeith, Tillibugle, Dumbarnie, Pitkethlie, Kilgirstoun, Landloch and Meiklour, which lands of Meiklour are pairts and pertinents of the haill barony of the samen, and comprehends the house and maines of Meklour, with the towns of Denhead, Muirealehous, Pethhead and New Park, with the haill pertinents of the samen, togither with all and sundrie mannor places, towers, fortalices, housses, biggings, yairds, orchyairds, milnes, multurs, woods, forrests, fishings, dowcats, outsetts, insetts, tennents, tennandries and service of free tennents, advocations, donations and rights of patronages of the kirks, chaplanries and other benefices, pairts, pendicles and pertinents of the samen whatsomever, all lying within the shirrefdome of Perth be annexation; all and haill the lands and [...] of Aldie, comprehending the lands and others underwritten, viz, the lands of Wester Aldie, Craigtoun, Wester Dalkeith, Powmilne, Craiglaw, Knappocks the Campmilnetoun of Aldie, and pendicles of the same, Righeid, Cardenfield, the hill of Aldie, Midle Aldie, Easter Aldie, the lands of Threpmuir, Greenhills and pendicles, Easter Backsyd, Cowcairny, with mannor places, housses, biggings, yairds, orchyairds, milne, milnelands, multurs and sequells thereof, pairts, pendicles, tofts, crofts, annexis, connexis, dependancies and pertinents of the samen, all lying within the shirefdome of etc.; and in like maner, all and haill the lands and baronie of Balevie and Carnbo, viz, the lands of Nether Carnbo, with the milne, milnelands, multurs and sequells of the samen whatsomever, the lands of Brauchtie Holland, the lands of Over Carnbo, with the pendicles of the samen, viz, Craighead, alias Wester Carnbo, with the mannor place of the same, East syde of Carnbo, with the Hills of Doundraw, Cairnhill, Cluny, Cormadill, Blacklaw, Innerdownie, Bruntrig, Hogrig and Sheillrig, with the mansion and mannor place of the said town and lands of Craighead, togither with housses, biggings, yairds, outsetts, tofts, crofts, mosses, muirs, meadows and haill pertinents of the same and others before written whatsomever, tennents, tennandries, service of free tennents and all their pertinents; and likewise, all and haill the residue and superplus of the teinds of the saids lands of Carnbo and baronie thereof, except what is yearlie payed to the minister serving the cure at the kirk of Fossoquhy, lying within the stewartrie of Strathern and shirefdome of Fife be annexation; all and haill the lands and tenements within the burgh of Perth, with yairds and pertinents lying at the northend of the Watergait of the said burgh, bounded in maner specified in the infeftments granted to the said deceist Sir James Mercer, and his predicessors of the samen, which are here holden as exprest brevitatis causa, togither with all other lands, milnes, fishings and others which should pertain and belong to the said deceist Sir James Mercer of Meiklour, in the hands of his immediat laufull superiors thereof, then in being or that should happen to be for the time, or of their commissionars having power to receave resignations in their names in favours, and for new infeftment of the same to have been made and granted to the said Sir James Mercer, and the airs male laufullie gotten or to have been gotten of his owne body, which failyieing to the airs female then laufallie gotten or to have been gotten of his owne body, the eldest being alwayes preferable and succeeding without division, the saids eldest airs female successive succeeding in all time thereafter marieing ane gentleman of the surname of Mercer, or of any other surname who should change his owne surname and should take the surname of Mercer, and they and the airs and bairnes, male and female, to be gotten of their bodies alwayes useing the surname of Mercer, and bearing, useing and wearing the armes of Mercer, which failyeing to any other person or persons it should please the said Sir James to nominat or design, at any time during his lifetime, and to their airs, to be airs of tailyie to him in the estate abovementioned, conforme to ane writt, nomination or designation then subscrived, or to have been subscrived with his hand, and upon such provisions, conditions and restrictions as it should please him to sett down in the said designation, which failyeing or if he had not made nor should make any such nomination or designation in his owne time, or being made if he should be pleased to revock the same, in these cases or any of them his lands, liveing and estate, particularlie and generallie abovementioned, to fall and pertain to his airs male whatsomever, which all failyieing to his nearest and laufull airs and assigneyes whatsomever, it being alwayes declared that if his airs whatsomever should happen to be airs female, in any time thereafter, in that case his lands, liveing and estate was alwayes to pertain to the eldest air female, without division, under the provisions, restrictions, qualifications and conditions as are contained in the foresaid bond of tailyie, or should be contained in the foresaid writt, nomination or designation; and siclike, the said Sir James Mercer did thereby assign and dispone, failyeing of himselfe be deceiss to his airs male gotten or to be gotten of his owne body, which failyeing to his other airs of tailyie and provision respective above specified, all and whatsomever reversions, tacks of teinds and all other rights, titles and securities of the lands and others particularlie and generallie above mentioned, pertaining and belonging to him, or that might be known to pertain and belong to him, for himselfe or as aire or appearand aire to any of his predicessors, or as having right fra whatsomever person or persons, upon the conditions and provisions particularlie above rehearst and exprest, or which were to be exprest in the foresaid nomination or designation; and he declared that the foresaid generall assignation and disposition should be als valide and effectuall as if every particular were specified and sett down therein, and that the foresaid band of tailyie, procuratorie of resignation and right abovewritten, is and should be ane valide and obligatorie evident in favors of his airs male and of tailyie above exprest against his airs of lyne, airs male and all others his airs of tailyie and provision, for compelling them to fulfill the same to the airs male of his owne body, which failyieing to the airs of tailyie and provision respective above specified, and to cause them renue the foresaid bond, procuratorie of resignation, assignation and disposition abovewritten in their favors after his deceiss, in case the same should not be fulfilled in his owne time, albeit it should happen to be ane undelivered evident the time of his deceiss, and albeit that no resignation or infeftment should follow thereupon in the mean time, whereanent he, for him and his foresaids, did thereby dispense and renunced all exceptions that could be proponed or alledged in the contrair, as the foresaid bond of tailyie registrat in the books of councill and session, and ane decreit of the lords thereof interponed thereto, upon the thrid day of January jM vjC and sevintie one more fully proports; togither with ane signature past under his majesties' royall hand and docqued by the principall secretary of state for the time, dated at Whitehall, the tuenty-fourt day of May jM vjC and sevintie one, whereby his majestie hes ratified and approven and, for him and his successors, perpetually confirmed the foresaid bond of tailyie and provision, of the date, tenor and contents abovementioned, in all and sundrie heads, articles, provisions and circumstances whatsomever specified in the said bond of tailyie and provision and procuratorie of resignation therin contained, with all that had followed or might follow thereupon, and whereby his majestie hes also ratified and approven the haill other deeds done, rights and nominations made by the said umquhile Sir James Mercer to and in favors of the airs female laufullie begotten of his own body, at any time since the granting of the foresaid bond, and decernes and ordaines the foresaid confirmation to be of als great availl, force, strength and effect to the airs female of the said umquhile Sir James his owne body as if the foresaid bond of tailyie, procuratorie of resignation therin contained, and all the other deeds, rights and nominations made be him since syne in their favors, had been word by word exprest therein and as if the confirmation had been granted before the deceiss of the said Sir James. And moreover, our said soveraign lord, with advice and consent of the estates of this present parliament, ratifies and approves and, for his majestie and his successors, perpetually confirmes ane decreit obtained at the instance of the said Grissell Mercer, and her tutors and curators for the time, before the lords of councill and session, upon the tuentie-eight day of Junii jM vjC and sevintie three, against Laurence Mercer of Melgins, nearest and laufull aire male, at leist laufullie charged to enter aire male, to the said deceist Sir James Mercer, decerning and ordaining him and his tutors and curators if he any had for their interests to procure himselfe served, retoured, infeft and seased as nearest and laufull aire male to the said deceist Sir James Mercer, in all and sundrie the lands and others above rehearst, exprest in the foresaid bond of tailyie, and being infeft and seased therintill, thereafter to have made due and laufull resignation thereof in the hands of the immediat superiors of the same for the time being in favors and for new infeftment thereof to have been made and granted to the said Grissell Mercer, and her airs of tailyie and provision abovespecified, and that, under the conditions, qualifications, provisions and restrictions respective specified in the foresaid bond of tailyie granted thereanent, togither with the letters of horning raised at the instance of the said Grissell Mercer against the said Laurence Mercer, for implement of the foresaid decreit with the executions and registration thereof, and ane precept direct furth of our soveraign lord's chancellarie, under the testimoniall of his majesties' great seale, be deliverance of the lords of councill and session, for infefting and seasing the said Grissell Mercer in the lands, baronies and others abovespecified, with the housses, biggings, yairds, orchyairds, tofts, crofts, mosses, muirs and their haill pertinents, at the mannor places of Meiklour, Aldie and Carnbo, be vertue of the dispensations contained in the old infeftments of the saids lands; to be holden of our soveraign lord and his highnes['s] successors, siclike and als freely in all respects as the said deceist Sir James Mercer, her father or grandfather or their predicessors held the samen at any time before, as the said precept, dated at Edinburgh, the seventeen day of February jM vjC [and] sevintie-four more fully bears, togither with the instrument of seasing following thereupon, in all and sundrie heads, points, articles, circumstances and conditions contained in the saids chartors, precepts and instruments of seasing, band of tailyie, signature of confirmation thereof, decreit, letters of horning and precept abovementioned, under the quarter seale, and after the forme and tenors thereof in all points. And our said soveraign lord, with advice and consent of the estates of this present parliament, statuts and ordains the foresaid chartor, containing the erection of the said burgh of barony and chartor containing the said new gift, dispensation and change of holding abovementioned, precepts and instruments of seasing following thereupon and the foresaid bond of tailyie, signature of confirmation thereof, decreit, letters of horning and the foresaid last precept abovementioned, direct furth of our soveraign lord's chancellarie, with the instrument of seasing following upon the samen, to stand and subsist and to be good, valide and sufficient rights to the said Grissell Mercer, lady Aldie and her foresaids, in so far as concerns the interest of his majestie and his successors, and that the foresaid change of holding and new gift, nor the change of the tailyie and alteration of the course of succession, shall be alwayes effectuall to the said Grissell Mercer, as the same are sett down in her infeftments and securities of the lands, baronies and others above rehearst, and shall never be revocked nor quarrelled be his majestie or his successors, in time comeing. And als, with advice and consent foresaid, wills and grants and, for his majestie and his successors, decernes and ordaines that this present ratification is and shall be als valide, effectuall and sufficient to the said Grissell Mercer, and her foresaids, as if the saids chartors, precepts and instruments of seasing abovementioned following thereupon, bond of tailyie and signature of confirmation, decreit, letters of horning and last precept above specified, and seasing following thereupon, were herein at length et de verbo in verbum speciallie insert and ingrossed; whereanent and anent all other defects and imperfections that may be objected against the validitie of the saids rights, our said soveraign lord, with advice and consent of his estates of parliament, hes dispensed and, be thir presents, dispenses for ever.
[1681/7/140]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with advice and consent of his highnes['s] estates of parliament, hes ratified, approven and confirmed and, be thir presents, with advice and consent foresaid, ratifies, approves and confirmes ane chartor and infeftment granted be his majestie, under the great seale, of the date the fourteenth day of Aprile jM vjC and sextie-two years, to and in favors of George, marquess of Huntlie, earle of Enzie, lord Gordon and Badyenoch, his airs and assigneyes whatsomever, heretablie and irredeemablie, without any reversion, redemption or regress whatsomever, all and haill the lands, marquisate, earledomes, lordships, baronies and others particularlie and generallie after mentioned, viz, all and haill the lands, marquisate and earledome of Huntlie, of old called the lordship and baronie of Strathbogie; all and sundrie the lands and baronie of Touch, Cluny and Middmarr, with tennents, tennendries and service of free tennents, annexis, connexis, castles, towers, fortalices, mannor places, milnes, woods, fishings, parks, advocations, donations and rights of patronage of the kirks, benefices and chaplanries, comprehending therein the particular towns, lands, milnes, woods, fishings and others, alswell propertie as tennandrie, which are proper pairts and pendicles thereof, and speciallie exprest, designed and contained in the infeftments granted to umquhile George, marquess of Huntlie and his predicessors, all lying within the shirefdome of Aberdeen, and of old unit and incorporat in ane haill and free baronie, called the lordship and baronie of Huntlie, otherwayes Strathbogie; all and haill the fourth pairt of the davach lands of Cocklarachie, Newbigging, with the milnes, milnelands, multurs and crofts of Fittie, with two davachs of land of Garrie, the halfe of the saids lands of Cocklarachie, Newbigging, milnes and multures thereof, with the croft of Fittie, and the sexth pairt of the saids lands of Garrie, with pairts, pendicles and pertinents thereof, lying in maner foresaid; all and haill the lands and baronie of Knockleith, with the haill lands, milnes, fishings, woods, tennents, tennendries and service of free tennents, advocations, donations and rights of patronage, pairts, pendicles and pertinents whatsomever, belonging to the said baronie and therein comprehended or thereto unit and annexed, mentioned in the infeftments of the said umquhile George, marques of Huntlie, all lying within the said shirefdome of Aberdeen; all and haill the lands of Cowly, Cairnefechill and Pittrichie, with the milne of Fechill, Blacklaw, Craigie, the temple lands of Tarves, Tillicarpin, Tillihilt, milne of Tillihilt, Auchorthie, Auchinleck, Boigfechill,† Monkishill, the Kirklands of Fyvie, alehouse crofts thereof, Ardlogie, with pairts, pendicles and pertinents thereof, lyand within the lordships and baronies of Tarves and Fyvie, regalitie of Aberbrothock and shirefdome of Aberdeen foresaid, with the bailliaries of the saids baronies of Tarves and Fyvie; all and haill the lands of Cullsavertie, Enzie and lordship thereof, with the superioritie of the Forest of Boyne, togither with the particular towns, lands, towers, fortalices, milnes, woods, fishings, parks, forests, tennents, tennandries and service of free tennents and haill pertinents thereof contained in the infeftments of the said umquhile George, marquess of Huntlie, all lying within the shirefdome of Bamff, unit and incorporat in the lordship and baronie of Enzie; all and haill the lands and baronie of Gartullie, with the haill townes, lands, towers, fortalices, milnes, woods, fishings, advocations, donations and rights of patronage and others pertaining thereto, exprest in the infeftment granted thereupon to the said umquhile George, marquess of Huntly, lying in the baronie of Gartullie and shirefdome of Bamff; all and haill the lands and baronie of Ogstoun, lying in the shirefdome of Elgin and Forres, and plewlands thereof, with milnes, woods, fishings, tennents, tennandries and service of free tennents, pairts, pendicles and pertinents belonging thereto, and all unit in a free baronie, called the baronie of Ogstoun, lying in the said shirefdome of Elgin and Forres, and in speciall warrandice of the said baronie of Ogstoun, all and haill the lordship and lands of Balvenie, with the particular townes, lands and others belonging thereto, specified in the infeftments thereof granted to the said deceist marques of Huntlie, and lying in the said shirefdome of Bamff; the towne and lands of Ballernie, the towne and lands of Dunkintie, the lands of Mefts and Leuchars, with tennents, tennandries and service of free tennents, pairts, pendicles and pertinents, lying within the said shirefdome of Elgin and Forres; all and haill the lands of the lordship of Gordon, Huntlie and Fogo, with diverse particular towns [and] lands belonging therto, or thereto annexed, advocations, donations and rights of patronage and other pairts, pendicles and pertinents, alswell propertie as tennandrie, belonging to the said lordship of Huntlie, Gordon and Fogo, lying within the said lordship of Gordon and shirefdome of Bervick; all and haill the lands and baronie of Fochabirss, containing the lands, burgh of baronie, milns, patronages, free fairs, weekly mercats, liberties, priviledges, pairts, pendicles and pertinents belonging thereto, lying within the regalitie and baronie of Urquhart and shirefdome of Elgin and Forres; all and haill the tenement of land in the burgh of Elgin, with housses, biggings, yairds, pairts, pendicles and pertinents thereof, at length bounded in the infeftments thereof granted to the said deceist marquess; all and sundrie the towns and lands of Schevedlie, Balnagowan, Adragathill, Puttachie, Pittendreich, Broam, Milne of Keigie, alehouse croft thereof, the lands of Dullas, Enyean, Litle Abercaltrie, Meikle Abercaltrie, Glentoun, Findach, milne thereof, Culie, Auchterbeg, Todlachie, Edindurno, Tulliequhorry, Over and Nether Tullochs, the lands of Cotlestaines, otherwayes Culstaine, Newtoun of Colstoun, Pitlin, with the milne thereof and pertinents, which are pairts and pertinents of the saids lands of Colstoun, togither with all other lands, towers, fortalices, milnes, woods, fishings, tennents, tennandries and service of free tennents and others exprest in the infeftments thereof, granted to the said umquhile marquess, which are all proper pairts and pendicles of the lordship and baronie of Keig and Monimusk, lying within the regalitie of St Andrews and shirefdome of Aberdeen; togither also with the office of bailliarie, not only of the lands and others above rehearsed, but also of all other lands lying within the said lordship and baronies of Keig and Monimusk, with the haill fies, priviledges and liberties belonging thereto, the town and lands of St Andrews Kirkhill, with tennents, tennendries and service of free tennents and pertinents thereof, lying within the regalitie of Spynie and shirefdome of Elgin and Forres, with priviledges, liberties and others belonging thereto; all and haill the lands of Kintore,† with the pertinents, lying in the baronie of Keith, regalitie of Spynie and shirefdome of Aberdeen; the town and lands of Caldcoats, with the pertinents, lying within the parochin of Elgin and the said shirefdome of Elgin and Forres; all and haill the sexth pairt of the town and lands of St Andrews Kirktoun with the pertinents, togither with the few dewtie or yearlie rent of sex pounds Scots money yearlie, to be uplifted furth of the other sexth pairt thereof, called Gilmoirsyde, with the right and title of the superioritie thereof, lying within the baronie of Kilmalemock and shirefdome of Elgin and Forres; all and haill the office of free bailliarie of all and sundrie the baronies, shirefdomes and anwelrents belonging to the patrimonie and bishoprick of Aberdeen, with all liberties, priviledges and pertinents belonging thereto, lying within the diocie of Aberdeen and shirefdomes of Aberdeen and Bamff respective; the lands, lordships and baronies of Badyenoch and Lochquhaber, the castle of Inverness, with the castle lands of Inverness, tennents, tennendries and service of free tennents, woods, parks, advocations, donations and rights of patronage, towns, lands, pairts, pendicles and others whatsomever, alswell propertie as tennandrie, which are proper pairts and pendicles of the saids lordships of Badyenoch, Lochquhaber and castlelands of Inverness, all lying within the shirefdome of Inverness; and all and haill the lands and baronie of Grange of Strathyle, with tower, fortalice, mannor place, housses, biggings, milnes, woods, fishings, tennents, tennendries and service of free tennents, advocation, donation and right of patronage of the kirks and chaplanries, annexis, connexis, pairts, pendicles and pertinents thereof whatsomever, lying within the said shirefdome of Bamff; [and] as also, all and haill the lands and baronie of Auchindoun and Keithmoir, comprehending therein the particular lands and others underwritten, viz, the mannor place and maines of Auchindoun, with tower, fortalice, messuage, yairds, orchyairds and crofts thereof, the crofts of Auchbeltonie and Loggane, the lands of Keithmore, Clunybeg, the halfe of Clunymoir, the lands of Milnetoun, with the milne, milnelands, multurs and sequells thereof, the lands of Tullichallan, Over and Nether [...], Smithstoun, Brigfurd, Badcher, two pairts of the lands of Innerchirach and Schanaell, the thrid pairt of the lands of Ballochrie, with the Forrest of Glenfiddich, and the rest of the woods, forrests and parks of the said baronie, scheillings thereof, with tennents, tennendries and service of free tennents, advocations, donations and rights of patronage of benefices and chaplanries, annexis, connexis, outsetts, pairts, pendicles and pertinents thereof whatsomever (except the Forrest of Blackwater with the pertinents) all lying within the shirefdome of Bamff; all and haill the lands of Pitglassie, with the milne, milnelands, multurs and sequells thereof, the lands of Auchinhandach and Keithbeg, with tennents, tennendries, service of free tennents, pairts, pendicles and haill other pertinents thereof whatsomever, lying in the baronie of Murthlack and shirefdome of Bamff; and all and haill the lands of Glenrinnes, with the particular towns, lands, milnes, woods, fishings, mosses, muirs, common pasturage, forrests, glens, annexis, connexis, tennents, tennandries and service of free tennents, pairts, pendicles and pertinents whatsomever belonging thereto, or annexed to the samen, all lying within the shirefdome foresaid. And which marquisat, earledome, lordships, baronies and others foresaids, called the marquisiat of Huntlie, pertained of before to umquhile Archibald, marquess of Argyle, and be reason of the said marquess of Argyle his forfaulture, fell and became in his majesties' hands, and at his highnes['s] gift and disposition, and also were given and disponed be his majestie to the said now George, marquess of Huntlie, in maner and for the causes at length specified in the chartor abovementioned, togither with the clauses of novo damus, union and new erection of the saids haill earledomes, lordships and baronies in ane haill and free marquisat, earledome, lordship and baronie to be called, in all time comeing, the marquisat, earledome, lordship and baronie of Huntlie, ordaining the tower, fortalice and mannor place and mannor place† of Strathbogie to be the principall messuage thereof, and ordaining ane seasing to be taken, in all time comeing, at the fortalice of Strathbogie shall stand and be a sufficient seasing for the haill lands, marquisat, earledome, lordships, baronies and others particularlie and generallie abovewritten; to be holden of his majestie and his highnes['s] successors in maner and for payment of the dewties and services therein mentioned; togither with the precept of seasing following thereupon, under the quarter seale, of the date of the said chartor, precept and instrument of seasing following thereon, in all and sundrie the heads, articles, clauses and conditions mentioned in the said chartor, precept and instrument of seasing following thereon; [and] willing and declareing this present ratification to be als valide and sufficient as if the said chartor, precept and instrument of seasing were at length herein insert and ingrost; with the which his majestie, with advice and consent foresaid, have dispensed and, be thir presents, dispenses for ever.
[1681/7/141]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with advice and consent of his highnes['s] estates of parliament, hes ratified, approven and confirmed and, be thir presents, with advice and consent foresaid, ratifies, approves and confirmes ane chartor and infeftment granted be his majestie, under the great seale, of the date the sexth day of July jM vjC and seventie-two years, to and in favors of Richard Maitland, younger of Pittrichie, eldest laufull sone and appearand aire to Sir Richard Maitland of Pittrichie, one of the senators of the colledge of justice, his airs, successors and assigneyes whatsomever, heretablie and irredeemablie, without any reversion, redemption or regress whatsomever, off all and haill the lands and baronie of Geicht, alias Schives, with tower, fortalice, mannor place, housses, biggings, yeards, orchyairds and teind sheaves of the samen, comprehending the townes, lands, milnes and others underwritten, viz, the Maines of Geight, the lands of Milnebrecks, Blackhillock and Swanfoord, Fadounhill, Litle Geicht, Meikle Ardoch, Milne of Ardoch, milnelands, multurs and sequells thereof, Litle Ardoch, Auchincreive, Monlettie, Newtoun of Schives, Chappeltoun of Schives, milne, milnelands, multurs and sequells thereof, Skillmanae, Balnagoaks, Balquhynachie, milne, milnelands, multurs and sequells thereof, Midlemuir, Touxtoun, Cairnorie, Monteith, Newseat, milne of Geicht, milnelands, multurs and sequells thereof, Stanehouse of Geicht and cottoun thereof, the lands of Tettirlettir,† Monkshill, Lethintie, Bruckleseat, the maines and mannor place of Schives, Newseat, Burnsyde, with the old and new milnes, milnelands, multurs and sequells thereof, the town and lands of Old Tounleyes, Brodward, Quilquacks and Killmachillie, with all and sundrie the teind sheaves thereof, housses, biggings, yairds, orchyairds, mosses, meadows, marresses, commontie, common pasturage, tofts, crofts, outsetts, insetts, annexis, connexis, dependances, tennants, tennandries and service of free tennents, pairts, pendicles and haill pertinents thereof, all lying within the parochins of Fyvie and Tarves and shirefdome of Aberdeen; proceeding upon his owne resignation, togither with the clause of novo damus, and union and new erection of the saids haill lands and baronie, to be called the baronie of Geicht; as also, the dispensation anent the seasing to be taken at the mannor place thereof, to be sufficient for the saids haill lands in all time comeing, to be holden of his majestie and his highnes['s] successors in taxt ward, for payment of the yearlie taxt dewties underwritten, viz, for the ward and nonentrie, the soume of two hundreth pounds Scots money, at two termes in the year Whitsonday and Mertimas in winter be equall portions, and the soume of two hundreth pounds money foresaid for the releiff, when the samen shall happen, and the soume of four hundreth pounds money foresaid for the mariage of the aire or airs, when the samen shall fall, for payment of the which soumes the foresaid ward, releiff, nonentrie and mariage are disponed, notwithstanding that the samen lands [were] held formerlie of his majestie for service of ward and releiff, togither with the precept under the quarter seale with the infeftments following thereon, with the instrument of seasing or seasings taken upon the samen. And siclike, with advice and consent foresaid, ratifies, approves and confirmes ane other chartor granted be his majestie, under the great seale, of the date the second day of May jM vjC and sevinty-eight years, to and in favors of the said Sir Richard Maitland, and his airs male and assigneyes whatsomever, heretablie and irredeemablie, without any reversion, redemption or regress whatsomever, all and haill the lands of Auchincreive and Skillmanae, with housses, biggings, yairds, orchyairds, pairts, pendicles and haill pertinents thereof, with the teinds thereof, lying within the parochin of Tarves and shirefdome of Aberdeen, and of the salmond fishing thereto belonging in maner therin mentioned, togither with the clause of novo damus, union and new erection of the saids lands and salmond fishing, to be called the baronie of Auchincreive, and the dispensation anent the seasing to be taken at the mannor place of Auchincreive, to be sufficient for the saids lands and salmond fishing in all time comeing; to be holden of his majestie and his highnes['s] successors in taxt ward, for payment of the yearlie taxt ward dewties underwritten, viz, for the ward and nonentrie, the soume of ten merks Scots, at the saids two termes in the year Whitsonday and Mertimas be equall portions, and the soume of ten merks for the releiff, when the samen shall happen, and tuentie merks for the mariage of the aire or airs, when the samen shall fall, for payment of which soumes the foresaid ward, releiff, nonentrie and mariage are disponed, notwithstanding that the samen lands and salmond fishing [were] held formerlie of his majestie for service of ward and releiff; with the precept of seasing contained in the said chartor and instrument of seasing and infeftment following thereon, in all and sundrie the heads, articles, clauses and conditions mentioned in the saids two chartors, precepts and instruments of seasing following thereon; [and] willing and declareing this present ratification to be als valide and sufficient as if the saids two chartors, precepts and instruments of seasing were at length herein insert and ingrost; with the which his majestie, with advice and consent foresaid, have dispensed and, be thir presents, dispenses for ever.
Protestation the town of Aberdeen against the before writen ratification
Sir George Skeen of Fintrie, commissioner for the burgh of Aberdeen, protested that the ratification past this day, in favours of Sir Charles Maitland of Pittrichie, of the baronie of Auchincreive and fishings thereto belonging, should be without prejudice to the said town of Aberdeen of their rights, libertie and priviledge in the sands betuixt the two rivers of Dea and Don and salmond and other fishings pertaining to the said burgh, betuixt the saids two rivers and about and within the mouths thereof, and upon both syds of the samen pertaining and belonging to the said town, and that the foresaid ratification in favors of the said Sir Charles shall not be prejudiciall to the said towne of any right they have to the saids lands and others contained in the ratification.
[1681/7/142]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with advice and consent of his estates of parliament presently conveened by his majesties' speciall authoritie, hes ratified and approven and hereby ratifies and approves the haill rights, priviledges, immunities and casualities granted to and in favours of the deacon, boxmaster, masters, patrons and remanent members of the Magdalen Chapell, consisting of smiths, cutlers, sadlers, lorimers, armorers, putherers, sheir smiths and all uthers incorporat or to be incorporated with them by our soveraign lord, or any ane or uther of his majesties' royall predicessors, or by the provest, baillies and town councill of the said burgh of Edinburgh, and mortifications granted to them be whatsomever person or persons of whatsomever date, tenor or contents the samen be of and bear, and particularly but prejudice of the foresaid generalitie ane seale of cause granted to them be the magistrats and common councill of the said burgh of Edinburgh, upon the twelfth day of Apryll jM, four hundreth [and] ninetie sex, as the samen in itselfe more fully bears, in the haill heads, clauses and articles therincontained, after the forme and tenor thereof in all points; and wills and grants and, for his majestie and his highnes['s] successors, with advice and consent foresaid, decerns, declares and ordaines this present generall confirmation to be as sufficient, valide and effectuall, in all respects, as if the saids haill rights, grants and priviledges, and particularlie but prejudice of the foresaid generalitie, the seale of cause and gifts of mortification abovementioned, were de verbo in verbum herein expreslie sett doun, ingrossed and repeated. Likeas his majestie, with advice and consent foresaid, hes ratified and hereby ratifies, approves and confirmes to the said incorporation of hammermen all and sundrie their rights and priviledges, whereof they have been in use and possession, and particularlie of seizing and apprehending of all and whatsomever work belonging to or that can be made, furnished and compleited be them that shall happen to be imported within the said burgh at any time hereafter (except upon the mercat day) and their escheating and confiscating the one halfe thereof to his majesties' use and the other halfe of the samen to the use of the poor of the said incorporation; and further, discharges and inhibits all and whatsomever work belonging to or that can be made, furnished and compleated be them to be inbrought, sold, vented or retailled within the said burgh be any person or persons, except within the buiths and chops of the free men of the said incorporation, bot what shall happen to be inbrought on the mercat day and vented, sold and retailled on the mercat day at the ordinarie mercat place betuixt ten hours in the morning and two in the afternoone, and that under the pain of confiscation thereof to the uses foresaids.
[1681/7/143]*[print] [email] [cite] [preceding] [following]
Our soveraign lord and estates of parliament have ratified, approven and confirmed and hereby ratifie, approve and confirme the decreit obtained, at the instance of William, earle of Dumfreis, heretor of the lands and baronie of Cumnock, and titular of the teinds thereof, before the commissionars for plantation of kirks and valuation of teinds, upon the tuentie-fourt day of July jM vjC, threescore [and] seven years, against Alexander, arch-bishop of Glasgow, Mr John Cunynghame, minister at the Old Kirk of Cumnock, Mr Hugh Crawfoord, late minister at the New Kirk thereof, [...] Dunlop of that ilk, Patrick Crawfoord of Dalgleis, George Dowglas of Garrallan, Hugh Dumbar of Knockshinnock, John Cathcart of Loanhead, Mr Hugh Cathcart of Waterhead, [...] Haliburtoun of Craigman, William Crawfoord of Auchincorie, George Dowglas of Stanehouse, William Campbell of Glasnock, George Farquhar of Katerin, Sir Thomas Wallace of Craigie, knight, James Crichtoun of Castlemaines and Mr Robert Bell of Beoch, whereby the saids commissioners for plantation of kirks and valuation of teinds did reduce, retreit, rescind, cass and annull the pretended decreit of erection pronunced be the commissioners for plantation of kirks (for the time) upon the elevinth day of July jM vjC and fiftie years, against certane of the heretors of the said parochin of Cumnock, at the instance of Mr Robert Wallace, moderator of the presbytrie, Mr Andrew Ker, advocat, and Mr Robert Dalgleis, agents for the church, by which pretended decreit the saids commissioners did erect ane New Kirk to be built at the New Castle of Cumnock, annexing the particular lands therein specified to the said Newkirk and modefieing a stipend to the minister thereat, consisting of three chalders victuall, two pairt maill and thrid pairt bear, and five hundreth merks of money, with threttie pound for the communion elements, to be payed in maner mentioned in the said pretended decreit, and the saids commissionars for plantation of kirks and valuation of teinds did decern, appoint and ordain the inhabitants of the saids lands to resort and repair to the Old Kirk of Cumnock for hearing of the word, receaving of the sacraments and uther publict acts of divine worship as formerly, for the reasons mentioned in the said decreit of reduction; and als, ane decreit of prorogation pronunced be the saids commissioners of parliament for plantation of kirks and valuation of teinds, in favours of Charles, lord Crichtoun, upon the first day of December jM vjC and eightie years, relative to ane decreit or act of prorogation, dated the tuentie-eight day of January jM vjC and eighteen years, which bears the commissioners for the time, upon production and consideration of a tack of the teinds, parsonage and viccarage of the said parochin of Cumnock, dated the tuenty-thrid day of August jM vjC and eight yeirs, sett be Mr James Cunynghame, parson and minister of Cumnock, to William Cunynghame of Capringtoun, his airs and successors therin specified, for the lifetimes and during the spaces therein mentioned, and for payment of the dewtie therein contained; and in recompense and requittall of the further burden and augmentation mentioned in the said decreit or act of prorogation thereby imposed upon the saids teinds, by and attour the tack dewtie, the saids commissioners eiked and added to the years and spaces of the said tack then to run the space of three uther nineteen years successive after uthers, further nor the years and space then to run of the principall tack, and making mention that the right of the saids teinds and tack and prorogation thereof is established and now stands in the person of the said Charles, lord Crichtoun, by which decreit of prorogation pronunced in favors of the said Charles, lord Crichtoun, the saids commissioners for plantation of kirks and valuation of teinds added unto the space and years yet to run of the foresaid tack and decreit or act of prorogation of the parsonage and viccarage teinds of the said parochin of Cumnock, all and haill the space of five nineteen years successive after others, further of the saids teinds both parsonage and viccarage, the entrie whereof is, be the said decreit, declared to be and begin at the issue and expireing of the years yet to run of the foresaid tack, and decreit or act of prorogation above exprest, and the saids commissioners did sett in tack and assedation to the said Charles, lord Crichtoun, his airs male and assigneyes whatsomever, during all the dayes, space and years of the said five nineteen years, all and sundrie the said teind sheaves and uthers teinds, parsonage and viccarage of the foresaid parochin of Cumnock, with the haill fruits, rents, emoluments and dewties thereof, alswell prediall as personall pertaining and belonging thereto, lying within the diocie of Glasgow and shirefdome of Air, begining the entrie of the foresaid eiked tack and eiked years of prorogation thereof immediatly after the expireing of the space and years yet to run of the foresaid tack and decreit or act of prorogation abovementioned, for yearlie payment to the minister, serving the cure at the said kirk of Cumnock, of the soume of one thousand and fiftie merks Scots money, as is more fully mentioned in the said decreit of prorogation, in the haill heads, articles, clauses and circumstances thereof. And his majestie and estates of parliament statuts and ordaines this present generall ratification to be als valide, effectuall and sufficient as if the forsaid decreit of reduction and decreit of prorogation abovementioned were at length word be word ingrosed hereintill, notwithstanding that the samen be not sua done; whereanent and with all defects and imperfections whatsomever that may be objected against the validitie thereof, his majestie and estates of parliament hes dispensed and hereby dispenses for ever.
[1681/7/144]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with advice and consent of the estates of parliament, ratifie, approve and confirme ane chartor and infeftment granted, under his majesties' great seale of this kingdome, of the lands and baronie of Stair, comprehending the lands and others therin mentioned, in favors of his majesties' trustie and familiar councellor Sir James Dalrymple of Stair, president of his majesties' councill and session, his airs and assigneyes whatsomever, upon his owne resignation and upon the resignation of John Chalmers of Gaitgirth, whereby the holding is changed from simple ward to taxt ward by a signature and infeftment of the dait the [...] day of [...] jM vjC and [...] years; and als, the chartor and infeftment of the baronie of Dalmellingtoun, granted by his majestie in favors of the said Sir James and his foresaids, upon the resignation of Allane, lord and Allane, master of Cathcarts, and upon severall adjudications led against them, whereby the holding is changed fra simple ward to taxt ward, by a signature under his majesties' royall hand and infeftment following thereupon, of the date the [...] day of [...] jM vjC and [...] years, in the haill heads, articles and clauses thereof, especiallie but prejudice of the generalitie foresaid of the change of the holdings above writen, with the instruments of seasing following on the saids chartors and precepts of seasing therin contained; [and] declareing hereby this present generall ratification to be als valide, effectuall and sufficient to the said Sir James Dalrymple, and his foresaids, as if the foresaids two chartors and instruments of seasing following thereon were at length word by word herein insert.
[1681/7/145]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with advice and consent of the estates of parliament, hes ratified and approven and, be thir presents, ratifies and approves ane chartor granted be our said soveraign lord, with advice and consent of his majesties' commissioners of his majesties' thesaurie and exchequer, to and in favors of his majesties' faithfull councellour Charles Maitland of Haltoun, his majesties' thesaurer deput and one of the senators of the colledge of justice, and constable of the constabularie of Dundee, and to his airs male of his bodie, whilks failyieing his nearest and laufull airs male, whilks failyieing his airs and assigneyes whatsomever, of all and sundrie the lands and baronie of Dundee, aikers of land, heretable offices of constabularie, and heretable office of carying all his majesties' banners, standards, cornetts, pincells, alswell of foot as horse, with all fies, honors, lands and immunities belonging thereto, and others particularlie therein sett doun, whilks are pairts and pertinents of the lands of Dudope and baronie of Dundee, and of ane equall halfe of ane anwelrent of fourscore pounds to be uplifted at Whitsonday and Mertimas furth of the lands of Ulishaven, in maner therin mentioned, upon the resignation of the said Charles Maitland of Haltoun, David, earle of Northesk and John Wedderburn, sone to Sir Alexander Wedderburn, and James Robertson of Newbigging, in maner therein at length specified and upon severall apprisings, led at the instance of the said David, earle of Northesk and the said Sir Alexander Wedderburn, against John, earle of Dundee, and disponed and transferred be them in favors of the said Charles Maitland, containing a ratification and confirmation of all and sundrie priviledges, offices, casualities, fies, jurisdictions, immunities and emoluments whatsomever belonging to the office of constabularie of Dundee and heretable offices, of carying all his majesties' banners, standards, cornetts and other tokens of warr, alswell of foot as horse, with all fies, honors and immunities belonging thereto, with three chartors particularly therin mentioned and ingrossed togither, with all other chartors, rights and priviledges of before granted be our said soveraign lord, or his predicessors, to the said Charles Maitland and his predicessors, constables of Dundee, togither with ane decreit pronunced be the lords of his majesties' privie councill, wherein they find that the saids constables of Dundee did possess both criminall and civill jurisdictions, and that the said Charles Maitland, present constable, aught to continue therein, and als containing ane novo damus of all and sundrie the foresaids lands, baronie and others therein particularly and generally sett doun, with the advocation, donation and right of patronage of the paroch kirk and parochin of Innerkeithing and Rosyth annexed thereto, with power of presenting sufficient and fitt persons to be ministers to the said kirk, in all time thereafter, whilk advocation, donation and right of patronage pertained of before to his majestie, with the heretable offices of constabularie of Dundee, banner bearer, coltsilver and customes of the first fair of Dundee, with all superiorities, priviledges, fies and casualities belonging to the saids offices with the office of constabularie above and in the town of Dundee, and in speciall but prejudice of the foresaid generalitie, all and sundrie the jurisdiction, priviledges and fies granted be King Alexander the second, and confirmed be King John the ninth year of his reign, with the priviledges, lands and meadows formerly disponed be John, king of Scotland and King Robert the thrid. And his majestie hes thereby declared the constable of Dundee, in all time thereafter, to be his first magistrat and first officer within the said town, thereby commanding and requireing the provest, baillies, dean of gild, thesaurer, councill and communitie of the said burgh to acknowledge and honour the said constable and his successors constables as his majesties' first magistrat of the said burgh, and that he and his successors, heretable constables of the samen burgh, shall enjoy, keep and hold all priviledges and immunities belonging thereto, and to doe all other things als freely within the said burgh and liberties thereof as is exerced and done by the first and principall magistrat of any other burgh royall within the said kingdome, and in speciall but prejudice of the generalitie foresaid that he shall sitt in all the councills of the said burgh, be president and have the first vote therein. Likeas his majestie hes thereby declared and given power to the said constable to hold his courts, civill and criminall, by his owne authoritie alone, which the magistrats of Dundee should not stop either by prevention, first attaching, advocation or other title, either as magistrats, shireffs or any other maner of way, and declareing that the said constable his criminall jurisdiction shall extend alswell over the inhabitants of the said burgh as strangers, and that not only and that not only† to crymes or ryots committed in time of faires, but at all other times whatsoever; and als containing ane creation and erection of the town of Rottinraw, with all lands within the bounds of the samen, housses, biggings and pertinents thereof, in ane free burgh of barony, to be called, in all time thereafter, the burgh of Rottinraw; and als, containing ane union and erection of all and sundrie the foresaids lands, baronie, offices, advocations, donations and rights of patronages, teind sheaves and others particularlie and generallie mentioned in the chartor, in ane haill and free baronie, to be called, in all time thereafter, the baronie of Dundee, and containing a dispensation for taking of seasing at the mannor place of Dudhope, to be sufficient for all and sundrie the lands, teinds and others therin mentioned, except the said office of constabularie, and ane seasing to be taken at the mercat croce of Dundee or upon the castlehill of Dundee, to be sufficient for the said office, jurisdictions and priviledges thereof; to be holden of our soveraign lord the king's majestie and his successors in fie heretage, taxt ward and free baronie for ever, and changeing the holding of the saids lands and baronie of Dundee, aikers and others particularlie and generallie abovementioned (except the lands and baronie of Ulishaven whilks were formerly taxed, and except the patronage of the kirk of Innerkeithing and Rosyth, and the said anwelrents which are holden blensch) from ward to taxt ward, for the yearlie payment of the soume of two hundreth [and] fiftie-sex pound[s], fourteen shilling[s] Scots money for the ward and nonentrie, during the time thereof, and the like soume for the releiff of the samen, and for the mariage of the air or aires, when the samen shall happen, the soume of five hundreth [and] thretteen pounds, eight shilling[s] money foresaid, and payand for the lands and baronie of Ulishaven fiftie pound[s] yearlie the time of the ward and nonentrie, and three hundreth merks for the mariage as the old taxt dewties thereof, and containing a dispensation to the airs at whatsoever time of their age, to be served and retoured, infeft and seased in the saids lands and others therein mentioned, and a libertie to the said Charles Maitland to sell and dispone thereupon, or to wadsett the samen, without any hazard of recognition, reduction or eviction or other inconvenient whatsomever, and with provision that the said chartor should be no prejudice to the said Charles Maitland of his former rights and infeftments of the samen, but that every one of them should be in corroboration of others; and containing a precept of seasing, and which chartor is of the date at Whitehall, the tuentie-fourth day of May jM vjC and sevintie sex, togither with the said Charles Maitland his infeftments following upon the samen, in all and sundrie the heads, articles, clauses, tenors and circumstances thereof, and decerns and ordaines that this present ratification shall be, in all time comeing, of als great force, strength and effect as if the said chartor and seasing following thereon had been verbatim sett down and insert hereintill.
Protestation the town of Dundee against the before written ratification
John Scrimscor, commissionar for the burgh of Dundee, protested that the ratification past in favours of Charles Maitland of Haltoun, his majesties' thesaurer deput, should be without prejudice to the town of Dundee of their rights, liberties and priviledges belonging and pertaining to the said town, and whereunto they have right.
[1681/7/146]*[print] [email] [cite] [preceding] [following]
Our soveraign lord and estates of this present parliament, considering the good, true and faithfull services done heretofore by Mungo Halden of Glenagies and his predicessors to his majestie and his royall progenitors, particularlie specified in ane chartor, under his majesties' royall hand, dated at Whitehall, the sexteen day of October jM vjC and sevintie-three years, in which chartor his majestie does of new give and grant to the said Mungo Halden, and the airs male of his owne bodie, whilks failyieing in favors of the airs male therein mentioned, the lands and baronies therein specified, viz, the lands and baronie of Glenagies, comprehending the haill particular lands therin mentioned, with the lands of Kippens, Craigebaickie and others specified in the said chartor; and als, all and haill the lands and baronie of Halden, comprehending the particular lands and others mentioned in the said chartor, with the lands of Ruskie, Lanerick and others speciallie enumerat therein, and dissolved the lands of Kippens, Craigebaickie and others from the baronie of Duncrub, and annexed the samen to the baronie of Glenagies, and unit the whole lands contained in the said chartor in two distinct baronies, to be called, in all time comeing as formerlie, the baronies of Glenagies and Halden, and therein liberat the said Mungo Halden, and his foresaids, from being answerable to any of the head courts or compeiring before any of the shireffs or stewarts of the severall shires or stewartries within which any of the foresaids lands locallie lyes, except before the shireff of Perth, and discharged all other shireffs or stewarts from citeing or amerciating them in their courts and of their offices in that place be vertue thereof, conforme to his former infeftments of the samen; and promised, upon the word of a prince, to ratifie the samen chartor in the following parliament, in its haill heads, clauses and conditions therin specified, does therefore ratifie and approve the foresaid chartor past, under his majesties' great seale, of the date foresaid, to the said Mungo Halden and his foresaids, with the infeftment following thereupon, with all the rights and dispositions made by any person or persons in their favours mentioned therein, with the erections and unions specified in the samen chartor, with the change of holding from simple ward to taxt ward mentioned therein, togither with their liberation from being cited or amerciat by any other court within which their lands locallie lyes, except by the shireff of Perth and his deputs, with all other heads, clausses, articles and conditions therein; and wills and declares that this present ratification shall be als effectuall and sufficient, to all intents and purposes, as if the foresaid chartor were particularlie herein insert de verbo in verbum; whereanent our soveraign lord and estates of parliament dispenses for ever.
[1681/7/147]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with consent of his estates of parliament, ratifies and approves ane chartor given and granted, under his majesties' great seale of Scotland, to John Turnbull of Minto, his airs and assigneyes whatsomever, hetetablie and irredeimablie, off all and haill the lands and baronie of Minto, alswell the two pairt as the thrid pairt thereof, propertie and superioritie of the samen, with all and sundrie the castles, towers, fortalices, mannor places, housses, biggings, yairds, orchyairds, milnes, milnelands, multures, woods, fishings, pasturages, annexis, connexis, tennents, tennedries and service of free tennents thereof, and of all and sundrie the pairts, pendicles and pertinents thereof whatsomever; and of all and haill the halfe of ane merk land of the saids lands of Minto, with housses, biggings, yairds and pertinents thereof whatsomever, with the advocation, donation and right of patronage of the paroch kirk of Minto, parsonage and viccarage thereof, with the manss, gleib and kirklands of the samen, and with the teinds, fruits, rents, emoluments and dewties whatsomever pertaining and belonging thereto, with the power of presenting qualified and able persons to the said kirk and service of the cure thereof, als oft and swa oft as the samen should vaicke in all time thereafter, all lyand within the baronie of Minto and shirefdome of Roxburgh, and all formerlie unit and incorporat in ane haill and free baronie called, then and in all time thereafter, the baronie of Minto, and that ane seasing to be taken be the said John Turnbull of Minto, his airs and assigneyes, in all time thereafter, at the said mannor place of Minto, should stand and be ane sufficient seasing for all and sundrie the saids lands and baronie of Minto and uthers abovewritten, with the pertinents, notwithstanding the samen ly not contigue and togither, conforme to the chartor granted be his majesties' dearest father to the said John Turnbull, thereupon proceeding upon the said John Turnbull his owne resignation, with the novo damus therein mentioned and a new erection in ane free baronie therin specified, called the said baronie of Minto, in favors of the said John Turnbull and his foresaids; holden of his majestie and his highnes['s] successors in fie heretage and free baronie for ever, and altering of the foresaids lands, baronie and uthers abovewritten, which formerly held ward to ane taxt ward, for payment of the taxt dewties therein specified for the saids lands, baronie and uthers abovewritten, during the time of the ward and nonentrie thereof, and for the releiff of the samen, and for payment of the taxt dewties thereinspecified for the mariage, swa oft as the samen vaiks, with the other priviledges and liberties at length contained in the said chartor, which is dated at Whitehall, the tuentie-thrid day of February jM vjC and sevintie-two years. And likewise, ratifies and approves ane uther chartor given and granted, under his majesties' great seale of Scotland, to Waltier Scott of Harwood, in liferent, and to Robert Scott, his eldest laufull sone, and the airs male to be procreat of his bodie, whilks failyieing to the said Walter Scott his airs and assigneyes whatsomever to have been nominat and appointed be him etiam in articulo mortis be way of testament or utherwayes in fie, heretablie and irredeemablie, under the provisions and conditions alwayes therein specified conceaved in favors of the said Walter Scott, off all and sundrie the foresaids lands, baronie, advocation, donation and right of patronage, teinds and uthers abovewritten (excepting alwayes the lands of Craigend, Deanfoot and uthers which are proper pairts and pertinents of the saids lands and baronie of Minto and which were disponed by the said John Turnbull of Minto to Mr Gilbert Eliot of Craigend, his airs and assigneys heretablie, extending to ane third pairt of the said baronie of Minto or thereby) proceeding upon the resignation of the said John Turnbull and Rachiell Inglis, his spouse, to be holdon of his majestie and his highnes['s] successors in maner abovespecified, and containing the alteration of the foresaids lands, baronie and uthers abovewritten, holding ward formerly, as said is, to ane taxt ward, for payment of the taxt dewties therein specified, for the saids lands and baronie during the time of the ward and nonentrie thereof, and for the releiff of the samen, and for the mariage, swa oft as the samen vaiks, with the uther priviledges and liberties contained in the said chartor, which is dated at Edinburgh, the tuentie-fift day of July jM vjC and sevintie-three years. And siclike, ratifies and approves ane uther chartor given and granted, under his majesties' great seale of Scotland, to Walter Riddell, writer in Edinburgh, in liferent and James Riddell, his laufull sone, and the aires male of his bodie, whilks failyieing the airs male laufullie procreat of the said Walter his bodie, whilks also failyieing to Grissell Riddell, his second laufull daughter of the first mariage, and the airs male to be procreat of her bodie (she alwayes marying with ane competent pairtie bearing the name and armes of Riddell), whilks also failyieing to Susanna Riddell, her youngest laufull sister, and the airs male of her boidie (she alwayes marying with ane competent pairtie bearing the name and armes of Riddell, as said is), whilks likewise failyieing to the eldest laufull daughter of the said Walter Riddell his second mariage, without division, and the airs male of her bodie (shee alwayes marying with ane competent pairtie bearing the name and armes of Riddell, as said is), whilks also failyieing to the said Walter Riddell his uther airs male and assigneyes in fie, heretablie and irredeemablie, without reversion, off all and haill the saids lands and baronie of Minto, with the castles, towers, fortalices, housses, biggings, yairds, milnes, multurs, woods, fishings, pasturages, annexis, connexis, tennents, tennendries, service of free tennents, pairts, pendicles and pertinents thereof foresaids, and of the said halfe of the said merk land of the saids lands of Minto, with the housses, biggings, yairds, orchyairds and pertinents thereof, with the advocation, donation and heretable right of patronage of the said paroch kirk of Minto, parsonage and viccarage thereof, and with the fruits, rents, emoluments and dewties whatsomever pertaining and belonging thereto, with the power of presenting able and qualified persons to the said kirk and service of the cure thereof, als oft and swa oft as the samen should vaik in all time thereafter, all lyand as said is, and all formerlie unit in ane haill and free baronie, called the said baronie of Minto (excepting always the saids lands of Craigend, Deanfoot and uthers whilks are proper pairts and pertinents of the said baronie of Minto and which were disponed be the said John Turnbull of Minto to the said Mr Gilbert Eliot of Craigend, his airs and assigneyes heretablie in maner abovewritten, extending to ane thrid pairt or thereby of the said baronie of Minto) and with the provisions and conditions alwayes specified and contained in the said chartor in favors of the said Walter Riddell, proceeding upon the resignation of the said Walter Scott; to be holden of his majestie and his highnes['s] successors, in maner abovespecified, and containing the alteration of the foresaids lands, baronie and uthers abovewritten, holding ward formerly, as said is, to ane taxt ward, for payment of the taxt ward dewties abovespecified therein contained, for the saids lands, baronie and uthers abovewritten, during the time of the ward and nonentrie thereof, and for the releiff of the samen, and for the mariage, swa oft as the samen vaiks, with the uther priviledges and liberties contained in the said chartor, which is dated at Edinburgh, the tuentie-thrid day of June jM vjC [and] seventie-sex years, in all and sundrie the heads, clauses, articles, circumstances and conditions thereof, precept of seasing therein contained and seasing following thereupon, after the formes and tenors of the samen in all points, dispensing with the generalitie of the said ratification and admitting the samen to be als valide, effectuall and sufficient, to all intents and purposes, as if the foresaids haill chartors, precepts and instruments of seasing following thereupon abovewritten were herein de verbo in verbum at length insert and ingrossed.
[1681/7/148]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with advice and consent of the estates of parliament now presently conveened, ratifies and approves and, for his majestie and his successors, perpetuallie confirmes the chartor and infeftment granted be our said soveraign lord, with advice and consent of the lords and others commissioners of his majesties' thesaurie and exchequer in this kingdome of Scotland, to his majesties' lovit George Gordoun, eldest laufull sone to Patrick Gordoun of Boigs of Darley, and his airs male and assigneyes whatsomever, which failyieing to James Gordoun, second laufall sone to the said Patrick Gordoun, and his airs male and assigneyes, which failyieing to John Gordoun, thrid laufull sone to the said Patrick Gordoun, his airs male and assigneyes whatsomever, heretablie and irredeemablie, without reversion, redemption or regress, whilks failyieing to the nearest and laufull airs and assigneyes whatsomever of the said Patrick Gordoun, off all and haill the townes and lands of Boigs of Darley, Darly milne and milnelands thereof, astricted multurs and sequells thereof, Woodhead, Pitmonensbridge, with muirs and mosses of the saids lands of Boigs and Darly, with the haill housses, biggings, yairds, tofts, crofts, outsetts, insetts, cottages, muirs, mosses, annexis, connexis, commontie, common pasturage, dependances, tennents, tennandries, service of free tennents, pairts, pendicles and pertinents of the samen, lying within the parochin of Auchterles and shirefdome of Aberdeen. As also, off all and haill that suny thrid pairt of the town and lands of Logie Altoun, with the astricted multurs thereof, and all and sundrie housses, biggings, yairds, tofts, crofts, mosses, muirs, meadows, commontie, common pasturage, pairts, pendicles and pertinents of the samen, lying within the baronie of Auchterles and shirefdome foresaid, which chartor proceedeth upon the resignation of the said Patrick Gordoun, and for the causes therin mentioned containeth ane ample novo damus or new grant be his majestie to the said George Gordoun, and remanent persons abovenamed and their foresaids, of the haill towns, lands, milne, milnelands and others abovewritten, with the pertinents lying as said is, and ane dispensation for taking seasing at any pairt of the ground of the saids lands for the whole, notwithstanding the discontiguitie thereof, to be holden of his majestie and his successors in fie and heretage for ever, for payment of the dues and services used and wont, which are, by the said chartor, taxed and the holding of the saids lands is thereby changed from simple ward to taxt ward, for payment of the taxt dewties following, viz, for the ward and nonentrie of the saids lands, or either of them when the samen shall happen, the soume of fourtie pounds money of this realme allenarlie, at two termes in the year Whitsonday and Mertimas in winter be equall portions, and for the releiff thereof, the like soume of fourtie pounds money foresaid, when the samen shall fall out, and for the mariage or mariages of the aire or aires, ane or mae, the soume of ane hundreth and tuentie pounds money abovewritten, ay and swa oft as the samen shall fall, all be the said chartor taxt to the soumes abovewritten, and holden and esteemed reasonable and which ward, nonentrie, releife and mariage respective, then as if they were fallen, are be his majestie assigned and disponed in favors of the said George Gordoun, and other persons above destinat and their foresaids, for payment of the taxt ward dewties abovementioned; and his majestie dispenses with the service of the airs in their minorities, in maner at length contained in the said chartor, as the samen of the date, the fourteenth day of July jM vjC and sevinty-fyve years, under his majesties' great seale, containing his majesties' promise to ratifie in parliament and ane precept of seasing in the end thereof more fully bears, togither with the precept of seasing therein contained and instrument of seasing following thereupon, in all and sundrie heads, points, clauses, articles, circumstances and conditions whatsomever contained in the said chartor and seasing, after the forme and tenor thereof in all points. And his majestie, with advice and consent of the estates of this present parliament, statuts and ordaines the foresaid chartor, containing the foresaid novo damus, dispensation for seasing and conversion from ward to taxt ward, with the said precept of seasing therin contained and instrument of seasing following thereupon, to stand, subsist and be good, valide and sufficient rights and securities to the said George Gordoun, and other persons above destinat and their foresaids, in so farr as concerns the interest of his majestie and his successors, and that the samen new gift, dispensation for taking seasing, change of holding, priviledges and immunities and other clauses of the said chartor therin contained shall never be revocked, quarrelled nor recalled be his majestie or his successors in time comeing, directlie nor indirectlie, upon whatsomever ground of the law, act of parliament or constitution whatsomever. And als his majestie, with advice and consent foresaid, dispenses with the generalitie above written, and wills and grants and, for his majestie and his successors, with advice and consent foresaid, decernes and ordaines that this present ratification is and shall be als valid, effectuall and sufficient, in all respects, to the said George Gordoun and remanent persons above named and their foresaids, as if the said chartor and seasing following thereupon were herein at length de verbo in verbum and speciallie and particularlie insert and ingrost; whereanent our said soveraign lord, with advice and consent foresaid, for his majestie and his successors, hes dispensed and, be thir presents, dispenses forever.
[1681/7/149]*[print] [email] [cite] [preceding] [following]
Our soveraign lord, with advice and consent of his estates of parliament, be thir presents ratifies and approves ane chartor made and granted be his majestie, for himselfe as prince and stewart of this his ancient kingdome of Scotland, under his highnes['s] great seale, of the date at Whitehall, the elevinth day of July jM vjC and seventie years, with advice and consent of his majesties' commissioners of his highnes['s] thesaurie and remanent lords and others commissioners of his highnes['s] exchequer, by which his majestie gave, granted and disponed and, for his highnes and his successors, perpetuallie confirmed to umquhile John Schaw of Greenock, in liferent, and to Sir John Schaw, now of Greenock, designed therein his eldest laufull sone, and the airs male laufallie gotten or to be gotten of his body, whilks failyieing to the said umquhile John Schaw, elder and his nearest laufull airs male, whilks also failyieing to his nearest laufull airs and assigneyes whatsomever in fie heretablie, with and under the conditions, provisions and reservations conceaved in favours of the said John Schaw, elder, and contained in the procuratorie of resignation and uther writs mentioned in the said chartor, all and haill the lands and barony of Greenock, comprehending the lands and others afterspecified, viz, the lands of Wester Greenock Schaw, with the Old Castlestead, castle, tower, fortalice and mannor place thereof, bounds, places, yairds, orchyairds, with the milne thereof and pertinents of the samen whatsomever, togither with the haill ground and lands within the ebbing and flowing of the sea lyand contigue and foreanent the saids lands of Wester Greenock, in so far as the samen is bounded towards the sea; and als, all and haill ane annuelrent of fiftie shilling[s] money yearlie, to be uplifted at two termes in the year Whitsonday and Mertimas in winter be equall portions, furth of all and haill the lands of Johnstoun, with the pertinents; and siclike, all and haill the lands of Drummilling and Spango Cunninghame, with the woods thereof, and their pairt of the milne of Spango milnelands, astricted multurs and uther multurs of the samen, with the haill pertinents, togither with the burgh of baronie of Greenock, and with all and sundrie mercats, faires, tolls, customes, liberties, priviledges, immunities, profites, commodities, easements and righteous pertinents whatsomever pertaining and belonging thereto, all lyand within the shirefdome of Renfrew, all unit in ane haill and free baronie, called the baronie of Greenock, and the tower, fortalice and mannor place of Greenock appointed to be the principall messuage thereof, togither with the advocation, donation and right of patronage thereof, teind sheaves and uthers teinds, great and small, parsonage and viccarage thereof, fruits, rents, emoluments, profites and dewties of the said kirk and parochin, which was ane pairt of the parochin of Innerkipp dissolved and divided therefra, and erected in ane distinct parochin specified in the said chartor; and siclike, all and haill the tuentie merk land of old extent of Finnarte, with housses, biggings, yairds, orchyairds, fishings, pairts, pendicles, annexis, connexis, dependancies, tennents, tennendries, services of free tennents thereof, and all their pertinents, lyand within the baronie and shirefdome of Renfrew foresaid; and in likemaner, all and haill that pairt of the lands and Maines of Waterstoun, with the tower, fortalice, mannor place, housses, biggings, yairds, orchyairds and pertinents thereof, extending to ane threttie shilling land, possest be Archbald Lockhart, and James Wallace and William Walker, his subtennents, lyand within the baronie of Ramfairlie Cunninghame and parochin of Kilbarchan and shirefdome of Renfrew foresaid. And likewise, his majestie gave, granted and disponed and, for his highnes and his successors, perpetuallie confirmed to the said Sir John Schaw, younger of Greenock, his airs male, which failyieing to his nearest laufull airs and assigneyes whatsomever, heretablie and irredeemablie, without any reversion, redemption or regres whatsomever, all and haill the lands of Easter Greenock, with the mannor place, housses, biggings, yairds, orchyairds and milne of Easter Greenock, situat and standing upon the lands of Cartesburn, housses, biggings, milnelands, thirle and astricted multurs of the saids lands of Cartesburn, and all uther lands belonging thereto, sucken, sequells and knaveships thereof, woods, parks, meadows, dowcats, coalls, coallheughes, tennents, tennendries, services of free tennents, annexis, connexis, dependancies, pairts, pendicles and pertinents whatsomever of the saids lands, lyand within the said baronie and shirefdome of Renfrew foresaid, togither with the fishing of salmond, herring and uther fishings whatsomever within the bounds of the saids lands, foreanent the samen or any pairt thereof, where the water of Clyd ebbs or flowes; togither also with all and sundrie the teind sheaves and uther teinds, great and small, parsonage and viccarage of the said lands and uthers abovespecified with the pertinents, reserving alwayes to Margaret Crawford, lady Kilbirnie and Patrick Lindsay, her husband, their airs and assigneyes, the fourtie shilling land of Cartesburn, lyand within the said baronie and shirefdome of Renfrew, with the teinds, parsonage and viccarage of the samen, and als reserving to them the superioritie of the saids lands of Cartesburne and teinds thereof, in maner specified in the said chartor. Likeas his majestie, for himselfe and as prince and stewart foresaid, with advice and consent abovespecified, be the said chartor of new gave, granted and disponed to the said John Schaw, elder, in liferent and to the said Sir John Schaw, his sone, and the airs male gotten or to be gotten of his body, which failyieing to the said umquhile John Schaw, elder, and his airs male and assigneyes whatsomever, in fie heretablie, under the conditions of reversion and uther conditions, provisions and reservations abovespecified, all and haill the saids lands and old baronie of Greenock, comprehending as said is, all lyand in maner foresaid, with the harbour built and erected thereupon, togither with fishings of salmond, herring and uther white fishings within the haill bounds of the river of Clyde fornent the haill foresaids lands and uthers abovespecified with the pertinents, and all priviledges and liberties belonging thereto, with the advocation, donation and right of patronage of the said paroch kirk and parochin of Greenock, teind sheaves and uther teinds, great and small, personage and viccarage, fruits, rents, emoluments, profites and dewties of the samen; and siclike, all and haill the foresaid tuentie merk land of old extent of Finnart, with housses and all their pertinents, and all and haill the foresaid threttie shilling land of old extent of the lands and Maines of Waterstoun, with the tower, fortalice, mannor place, housses, biggings and uthers respective foresaids, all lyand and possest in maner abovewritten; and likewise, with advice and consent foresaid, of new gave, granted and disponed to the said Sir John Schaw, younger of Greenock, and his airs male, which failyieing to his nearest laufull airs and assigneyes foresaids, heretablie and irredeemablie, the foresaids lands of Easter Greenock, and milne thereof, milnelands, multures, sucken, sequells thereof foresaids, with the mannor place, housses, biggings and haill pairts, pendicles and uthers abovespecified belonging thereto, togither with fishings of salmond, herring and uther fishings whatsomever within the bounds of the saids lands and uthers thereof foresaids, reserving alwayes to the said Lady Kilbirnie, and her said husband and their foresaids, as is above reserved, all lyand in maner foresaid, togither with all right, title, interest, clame of right, propertie and possession, petitor, which his majestie or his predicessors or successors had or anywayes might have or pretend to the saids lands, teinds or any pairt thereof, or maills, fermes, profites and dewties of the samen, of whatsomever years or termes then bygone or to come, by reason of ward, nonentrie, forfaulture, purpresture, disclamations, bastardie or last aire, recognition or most pairt want of confirmation, or for building and edifieing the foresaid harbourie be the said umquhile John Schaw, upon the foresaids lands, without licence and consent of his majestie, for himselfe and, as prince and stewart of Scotland, first had and obtained thereto, and be reason of or be whatsomever acts of annexation, acts of parliament or be any uther maner of way, right or title whatsomever, for whatsomever cause, deed or occasion bygone preceeding the date thereof particularlie and generallie therin specified, renunceing, dischargeing and overgiveing the same in favors of the said umquhile John Schaw, elder, and Sir John Schaw, his sone and their foresaids, in liferent and fie respective foresaid, for now and ever, cum pacto de non petendo and with suppliement of all defects and imperfections, and promised never to move action for the samen in any time thereafter. Moreover, his majestie, for himselfe and as prince and stewart foresaid, with advice and consent abovespecified, be the said chartor [and] for the causes therein specified, ratified and approved and, for his highnes and his successors, perpetuallie confirmed ane chartor of erection of the burgh of baronie of Greenock granted be his majesties' umquhile dearest father as administrator of the law to our said soveraign lord, the king's majestie, as prince and stewart of Scotland to the said umquhile John Schaw, with the priviledge and libertie of ane weekly mercat and two yearlie free faires, and of all uther priviledges, liberties, jurisdictions, immunities, casualities, profites and dewties whatsomever belonging to any other free burgh of baronie within this kingdome, particularlie mentioned in the said chartor, in all and sundrie heads, points, articles, clauses and circumstances contained therein, after the forme and tenor thereof. Likeas our said soveraign lord, be his said chartor, erected, created and incorporated the said town and burgh of Greenock, with all and sundrie lands, tenements, cottages, housses, biggings, yairds, tofts, crofts and all their pertinents within the territorie thereof, in ane free burgh of baronie called, and to be called, the burgh and baronie of Greenock, in all time thereafter; and his majestie gave, granted and committed to the inhabitants thereof, then present or to come, to be receaved and admitted free burgesses be the said umquhile John Schaw and his said sone and their foresaids, with full power, priviledge and libertie to buy and sell wine, walx, pitch, tarr, lint, wool, cloath alswell lining as woollen, and all uther kinde of merchandice and staple goods, and to pack and peill within the samen, with full power to the said umquhile John Schaw, and his said sone and their foresaids, to receave and admitt within the said burgh all tradsmen and mechanicks particularlie therein named, and uthers necessarie, to whom it should be laufull to use and exerce their saids airts and trades alse freely as any uther tradsman within this kingdome; and als with power to the said umquhile John Schaw, and his said sone and their foresaids, to elect, creat and input baillies, clerks, serjants and uther officers needfull for governing of the said burgh yearlie in all time thereafter, and to build and keep ane tolbuith, mercat croce and tron within the same, and to hold ane mercat day weekly and two free faires yearlie within the said burgh, upon the dayes specified in the said chartor, either of them to continue for the space of eight dayes, and to uplift and receave the haill customes dewties and casualities thereof, and to apply the samen to their owne use, with power to the saids baillies to hold burrow courts weeklie within the said burgh, and to creat clerks, serjants, dempsters and all other officers and members of court needfull, transgressors to punish, attach, arreist and incarcerat, escheit, fines and amerciaments of the said court to uplift and to poind and distrenyie therefore, all lawes and statuts for the good of the said burgh, with consent of the said umquhile John Schaw, and his said sone and their foresaids, to make and ordain and generallie, all and sundrie uther liberties, priviledges and jurisdictions to use and exerce siclyke and als freely as is granted to any free baron or other burgh of baronie within the said kingdome, or may be known to pertain thereto, in maner at length specified in the said chartor. And siclike his majestie, with consent foresaid, be the said chartor gave and granted speciall and full power and libertie to the said umquhile John Schaw, and his said sone and their foresaids, to repair and built free ports, harbouries and havening places upon any pairt of the ground of the saids lands, and gave, granted and disponed to them and their foresaids the† priviledge and libertie of free ports, harbouries and havening places pairtaining to any uther port, harbourie or havening place in this kingdome, and haill pettie customes, shoare silver, anchorage, assise bolls and uther dewties whatsomever of the saids ports or havening places, with the office of searchearie of all customeable goods and uther priviledges, liberties, immunities, casualities, commodities, easements, profites and dewties whatsomever pertaining thereto; with power also to the said umquhile John Schaw, his said sone and their foresaids, to build salt panns upon the ground of any pairt of the saids lands, and to uplift the profites and dewties thereof. And further his majestie, be the said chartor, with consent foresaid, disjoyned and dissolved the said tuentie merk land of Finnart, and threttie shilling land and Maines of Waterstoun and lands of Easter Greenock, with the milnes, fishings, teinds and uthers thereof foresaids, from all uther baronies, unions and annexations whereunto the samen pertained or were annexed before, and of new united, annexed, erected and incorporat all and sundrie the foresaids lands, milnes, multures, fishings, teinds, advocation, donation, right of patronage and uthers foresaids, alswell formerly erected in ane free baronie as now unit and annexed thereto, togither with the said burgh of baronie, free port, liberties, jurisdictions and uthers particularlie abovewritten, in ane haill and free baronie, called the baronie of Greenock, and ordained the tower, fortalice and mannor place of Greenock to be the principall messuage of the said baronie, and decerned and ordained ane seasing to be taken then and thereafter at the said mannor place, or upon the ground of any pairt of the saids lands, to be als valide and sufficient for the saids haill lands, milnes and uthers foresaid, united and erected in ane free baronie as said is, as if ane particular seasing wer taken at every pairt and portion thereof, albeit they ly discontigue, and be of severall names and designations, whereanent his majestie, with advice and consent foresaid, for his highnes and his successors dispensed for ever; to be holden be the said umquhile John Schaw, and his said sone and their foresaids, in liferent and fie respective in maner above divided, off his majestie, for himselfe and as prince and stewart foresaid, and his highnes['s] successors kings, princes and stewarts thereof, in frie heretage, free baronie, burgh of baronie, free port and havening places for ever, for the yearlie payment of the rights and services, taxt ward dewties, releiff and mariage and other dewties after mentioned, in maner underwritten allenarlie, viz, for the saids lands of Easter Greenock, with the milnelands, multures, woods, fishings and pertinents, during the time of the said ward and nonentrie, or either of them, thriescore [and] eight merks Scots money, as ane proportionall pairt effeirand to the soume of ane hundreth pounds, which is the taxt ward dewtie of the haill baronie of Kilbirnie, with the soume of thriescore [and] eight merks money foresaid, as ane proportionall pairt of the taxt releiff of the said haill baronie, and the soume of ane hundreth [and] threttie-sex merks money foresaid, as ane proportionall pairt of two hundreth merks money foresaid, which is the taxt mariage of the aires succeeding to the said haill baronie, and that of the mariage of the aire or aires of the said Sir John Schaw succeeding in the right of the saids lands of Easter Greenock, milnes, woods, fishings and pertinents thereof; and als, for the haill remanent lands, baronie, burgh of barronie, salt panns, free ports and others respective abovewritten with the pertinents, during the time of the said nonentrie, ward or either of them the soume of two hundreth [and] threttie-two merks money foresaid, at two termes in the year Whitsonday and Mertimas be equall portions, with two hundreth [and] threttie-two merks for the releiff thereof, when it shall happen allenarlie, and four hundreth and sextie-four merks for the mariage of the aire or aires of the said umquhile John Schaw, his said sone and their foresaids, and that alse oft as the samen lands and uthers respective foresaids shall happen to fall and become in the hands of his majestie and his successors, be reason of ward and nonentrie, to which soumes respective abovewritten his majestie, be the said chartor granted be his highnes, for himselfe and as prince and stewart foresaid, with advice and consent abovespecified, taxed and restricted the saids haill lands, fishings, anwelrent, salt panns, burghs, burgh of baronie, free port and uthers thereby disponed, with their pairts, pendicles, priviledges, jurisdictions and pertinents, alswell pertaining to the said umquhile John Schaw as to the said Sir John Schaw, from the old holding thereof, from simple service of ward and releiff to be holden in taxt ward, as said is, for payment whereof his majestie, for him and his foresaids, with consent foresaid, be the said chartor gave, granted and disponed to the said umquhile John Schaw, and his said sone and their foresaids, the said ward and nonentrie, maills, fermes, caines, customes, casualities, profites and dewties of the saids lands and others foresaids, holden in taxt ward, as said is, during all the years and termes of the said ward and nonentrie, with the releiff thereof and mariage of the aire or airs succeeding thereto, als oft as the samen shall happen. And further, his majestie, be the said chartor, willed and granted and, for his highnes and successors, decerned and ordained that it should be laufull to the airs and successors of the said umquhile John Schaw, and his said sone and their foresaids, at any time in their minorities to obtaine themselves dewlie and laufullie served, retoured and infeft in the saids lands and uthers foresaids, as if they were of the age of tuentie-one years compleit, and as if the saids lands and uthers foresaids were holden in free blensch, notwithstanding of their minoritie, wherewith, and with the judges before whom they shall be served and persons of inqueist, his majestie, for him and his successors, with consent foresaid, dispensed for ever; and for the said advocation, donation, right of patronage and teinds, parsonage and viccarage, fruits, rents, emoluments, profites and dewties of the samen, the soume of tuentie-two shilling[s] Scots for the earle of Abercorn his releiff, and releiving him of the uther burdens specified in the said chartor, in maner therein mentioned, for all other burden, exaction, question etc.; togither with the precept of seasing and instrument of seasing following or competent to follow thereupon, in all and sundrie the haill heads, points, articles, clauses and conditions of the said chartor, precept and instruments of seasing, after the forme and tenor respective thereof in all points. And further his majestie, with advice and consent foresaid of the saids estates of parliament, statuts and ordaines, wills, grants and declares that this present ratification abovewritten is and shall be als valide, effectuall and sufficient and of als great force, strength and effect to the said Sir John Schaw, and his and his said umquhile father's their airs and assigneys foresaids, as if the said chartor, precept and instruments of seasing following thereupon were at length word by word particularlie insert herein, albeit the samen be not swa done; whereanent and als anent all uther faults, defects, imperfections, nullities and uthers whatsomever, whilk anywayes may be alledged or objected against the said chartor and precepts and instruments of seasing foresaids, and this present ratification thereof, his majestie, with advice and consent foresaid of the saids estates of parliament, hes dispensed and, be thir presents, dispenses for ever.