[1645/11/310]*[print] [email] [cite]
The estates of parliament, now convened in the fifth session of this first triennial parliament, have ratified and approved and by this act ratify and approve the charter and infeftment granted by his majesty under his highness's great seal to his majesty's right trusty cousin and councillor John, now earl of Crawford and Lindsay, lord Struther and Parbroath etc. (designed therein John, lord Lindsay of Struther) and to his male heirs of his body, which failing, to his heirs of tailzie mentioned in the said infeftment, of all and whole the lands and barony of Auchterutherstruther, comprehending the lands, baronies, castles, towers, fortalices, mills, multures, tenants, tenancies, service of free tenants, advocations, donations and rights of patronages of kirks, chaplainries and others pertaining thereto; and also of the heritable offices of stewartry, bailiary and general justiciary of the regality of St Andrews, and of all lands, lordships, baronies, towns, cities, villages and others within the said regality, lying upon the north side of the River Forth; with the heritable office of coronership of all justiciaries within the said regality, with the whole fees and privileges pertaining to the said offices or any of them, and of the heritable office of great collector of customs of the city of St Andrews, and ports and harbours of the regality thereof mentioned in the said infeftment, with the keeping of the seal of cocket thereof and both leaves of the same, with the office of searchery of all ships, barks and other vessels arriving at whatsoever ports and harbours of the said regality, with the heritable office of admiralty of the said regality of St Andrews within the whole bounds thereof on the north side of the River Forth; together with the coals, coalworks, stones and limestone of the lands of Radernie and others particularly and generally mentioned in the said infeftment, containing also a gift of novodamus, with various other privileges and liberties to be held of his majesty and his successors for payment of the feu and blench duties respectively mentioned in the said infeftment, which bears a clause whereby his majesty in the first word promised to ratify and approve the said infeftment in his majesty's next parliament then ensuing, with consent of the estates, in manner specified in the said infeftment, which is of the date at Holyroodhouse, 13 November 1641, with the precept and instrument of sasine following thereupon and instrument of resignation whereupon the same proceeds; together also with the patent under the great seal granted by his majesty to the said John, now earl of Crawford (designed thereby John, earl of Lindsay) and to his male heirs of the style, title, honour and dignity of earls of Lindsay and whole privileges pertaining thereto in manner specified in the said patent, which is of the date at Theobalds, 8 May 1633, in all and sundry heads, articles, clauses and circumstances of the same whatsoever, and will and grant and also decree and ordain that the aforesaid ratification shall be as effectual, valid and sufficient to the said John, now earl of Crawford and his aforesaids as if the aforesaid infeftment, charter, precept and instrument of sasine, instrument of resignation and patent respectively aforesaid and every one of them were word by word expressed herein, albeit the same be not so done; for the which, and with all that may follow thereupon, the estates of parliament have dispensed and by this act dispense for ever. And also will and declare that the aforesaid charter, infeftment, precept and instrument of sasine, instrument of resignation and patent respectively aforesaid shall be good, valid and effectual titles and rights to the said John, earl of Crawford and his aforesaids for enjoying, holding and possessing the whole aforesaid lands, baronies, patronages, heritable rights and offices and others mentioned in the aforesaid infeftment, and also for using, holding and enjoying the aforesaid title, honour and dignity of earl of Lindsay, according to the patent thereof and date of the same thereafter and in all time coming. And also the said estates of parliament, considering that Ludovic [Lindsay], sometime earl of Crawford, long before the sentence and doom of forfeiture given and pronounced against him in parliament upon the [...] day of [...] 1640 and long before the committing of the crimes whereupon the said sentence of forfeiture was given, did resign in his majesty's hands the title, honour and dignity of earl of Crawford for a new patent thereof to be granted by his majesty to the said Ludovic, sometime earl of Crawford and the male heirs of his body, which failing, to the said John, now earl of Crawford and the male heirs of his body, according to a contract passed between the said Ludovic, sometime earl of Crawford, and the said John, now earl of Crawford and Lindsay (designed therein John, earl of Lindsay) on the one and other parts, containing a procuratory of resignation, of the date 1 and [...] days of December and [...] 1641, in manner specified in the instrument of resignation following thereupon, of the date 15 January 1642, whereupon his majesty granted his highness's letters patent under the great seal to the said Ludovic, then designed earl of Crawford and to the male heirs of his body, which failing, to the said John, then earl of Lindsay, now earl of Crawford and Lindsay and his male heirs of the said title, honour and dignity of earls of Crawford in manner specified in the said patent, which is of the date at Windsor, the aforesaid 15 January 1642. And likewise the said estates of parliament, taking into their consideration that by the aforesaid sentence and doom of forfeiture given and pronounced against the said Ludovic, sometime earl of Crawford, the said Ludovic, sometime earl of Crawford and the male heirs of his body (if there are any) are totally excluded from the said title, honour and dignity of earl of Crawford likewise as if he were naturally dead without male heirs of his own body, and that by the aforesaid sentence and doom of forfeiture the said title, honour and dignity of earl of Crawford is reserved to the said John, now earl of Crawford and Lindsay and to his male heirs unprejudiced, and that thereby the said John, now earl of Crawford has the only undoubted right and title thereof by virtue of his patent thereof aforesaid, which is ratified to him in parliament upon the [...] day of [...] 1640, therefore the said estates of parliament have of new ratified and approved and by the tenor hereof ratify and approve the aforesaid right of the title, honour and dignity of earl of Crawford, with all privileges, honours, place and precedency pertaining thereto and that to and in favour of the said John, now earl of Crawford and Lindsay and his male heirs and successors, with the aforesaid contract, instrument of resignation and patent respectively aforesaid following thereupon, and that in so far only as the same concerns or may be extended to establish the only undoubted right of the said title, honour and dignity of earl of Crawford in favour of the said John, now earl of Crawford and Lindsay and his male heirs and successors, and find and declare that the aforesaid sentence and doom of forfeiture given against the said Ludovic, sometime earl of Crawford does in no way hurt, prejudice nor derogate to the said John, now earl of Crawford and Lindsay and his male heirs and successors anent his right of the said title, honour and dignity of earl of Crawford, but by the contrary find and declare that the said John, now earl of Crawford and Lindsay and his male heirs and successors had, has and shall have in all time coming the only undoubted right to the said title, honour and dignity of earl of Crawford, with the whole privileges and honours due thereto; and find that the said Ludovic, sometime earl of Crawford and his male heirs of his body are totally excluded therefrom by the aforesaid forfeiture likewise as if he were naturally dead without male heirs of his own body; and that therefore it shall be lawful to the said John, now earl of Crawford and Lindsay and his male heirs and successors to use, hold and enjoy the said title, honour and dignity of earl of Crawford and whole privileges, honours, place and precedency pertaining thereto in all time coming likewise and in the same manner as the same was in the person of the said Ludovic, sometime earl of Crawford and his predecessors as earls of Crawford at any time before the date of the aforesaid forfeiture, and that notwithstanding of whatsoever act, fact, deed, impediment or objection whatsoever which may be made moved or opposed in the contrary, and notwithstanding of whatsoever deed or deeds done or to be done by the said Ludovic, sometime earl of Crawford in prejudice thereof.