[1669/10/105]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of this present parliament, has ratified, approved and confirmed and, by this act, ratifies, approves and confirms, the charter and new gift therein contained granted by his majesty, under his majesty's great seal of this kingdom, of the date 13 February 1666, to and in favour of his majesty's right trusty cousin and councillor William, earl of Roxburghe, lord Ker of Cessford and Caverton, in liferent and for his liferent use, and to his majesty's right trusty cousin Robert [Ker], lord Ker, his eldest lawful son, and the male heirs lawfully to be procreated of his body, which failing to the said Robert, lord Ker his male heirs and of tailzie, contained in the deceased Robert [Ker], earl of Roxburghe's infeftment of the earldom of Roxburghe, of the date the [...] day of [...] 16[...] years, and in the nomination and designation made by him conforming thereto of the date the [...] day of [...] 16[...] years, whereby he nominated the said William, earl of Roxburghe to be his heir of tailzie, and to succeed to him in the said earldom of Roxburghe in fee heritably, under the conditions, provisions, reservations and restrictions contained in the same nomination and designation, which his majesty, with consent foresaid, holds and, by this act, will have held as for expressed herein, dispensing hereby with the not inserting thereof for ever, of all and whole the lands of Prinside, with the mill thereof, extending to a twenty pound land of old extent; all and whole the two parts of the lands of Caverton, called Rutherfords lands, the lands of Fotheringhame, with the mill thereof; all and whole the twenty pound land of Hownam of old extent; all and whole the twenty merk land of Smailholme, with towers, fortalices, mills, multures, woods, fishings, tofts, crofts, outsets, parts, pendicles, tenants, tenantries, service of free tenants, with all and sundry the pertinents of the foresaid whole lands; and all and whole the four merk land of old extent of the mains of Cessford, commonly called Cessford burn with the pertinents; and also all and whole the forty pound land of old extent of the barony of Maxwell, comprehending the lands of Maxwellheugh, with the mill of the same, astricted multures and knaveships thereof, with the houses, biggings, yards, orchards, parts, pendicles and pertinents of the same; and all and whole the lands of Woodend, with the towers, fortalices, manor places, houses, biggings, yards, orchards, dovecots, tenants, tenantries, service of free tenants thereof, annexes, connexes, parts, pendicles and pertinents whatsoever of the said lands and barony; and likewise, all and whole the lands and barony of Broxfield, with the manor place, houses, biggings, yards, orchards, dovecots, mills, mill lands, parts, pendicles, tenants, tenantries, service of free tenants of the same, and all their pertinents, all lying within the sheriffdom of Roxburgh; and which lands, baronies, mills, mill lands and others above-written are all parts and pendicles of the foresaid earldom of Roxburghe and, with several other lands, baronies, teinds, patronages and others, were formerly united, annexed and incorporated in the foresaid free earldom, and by the said charter are declared and appointed still to remain a part of the same earldom as of before, in no way dissolved or disjoined therefrom, but shall be still within the union and erection thereof, to be held of his majesty and his successors in taxed ward, fee and heritage, and as a part of the foresaid free earldom for ever, for yearly payment of the tax duties for the ward, non-entry and relief of the lands, baronies, and others above-written when the same shall happen to fall in the hands of his majesty and his successors, and of the tax value of the marriage of the male heirs and of tailzie of the said Robert, lord Ker, particularly specified in the said charter, notwithstanding that the same were held of old by service of ward and relief, by the which charter his majesty promised in the first word to ratify the same charter, precept and instrument of sasine following thereupon in his majesty's next parliament, and ordained the same charter may be a sufficient warrant for that effect, together with the said precept and instrument of sasine following upon the foresaid charter, in all and sundry points, articles and clauses therein contained, after the form and tenor thereof; and statutes and ordains that this present confirmation of the same charter, precept and instrument of sasine, is and shall be as valid, effectual and sufficient as if they were inserted herein, dispensing with the not inserting thereof by this act herein. Likewise his majesty, with consent foresaid, wills and ordains the lands, baronies and others above-specified, in all time coming, to be held of his majesty and his successors by the said right trusty and well beloved cousin and counsellor William, earl of Roxburghe and Robert, lord Ker, his son, and his foresaids, in taxed ward, fee and heritage in respect of the change of the holding mentioned in the said charter, for payment of the tax duties and tax value of the marriage therein expressed, notwithstanding that the same lands, baronies and others above-written were held of old by service of ward and relief; and finds, statutes and ordains that the foresaid charter, precept and instrument of sasine following thereupon, and remaining rights and securities made to the said William, earl of Roxburghe, his predecessors and authors of the same lands, baronies and others above-mentioned, shall be sufficient and valid rights and securities for bruiking and enjoying thereof in all time coming, to be held of his majesty and his successors in taxed ward as is above-expressed.