Ratification in favours of Sir Alexander Seton of Pitmedden

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.

  1. NAS. PA2/31, f.41-43v. Back
  2. APS has 'Logieruiff' but bar last two instances left as 'ff' most references in the register appear to be 'sf'. Note APS excludes 'ie' from all endings. The modern spelling is Logierieve or Logierievie. Back