[1672/6/128]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament, ratifies, approves and, for his highness and his successors, perpetually confirms the charter passed, under his highness's great seal, upon the resignation of Alexander Udny of that ilk, dated at Whitehall, 24 May 1671, whereby his majesty, with consent of the commissioners of the treasury and of the other lords of exchequer gives, grants and conveys and, for his highness and his successors, perpetually confirms to the said Alexander Udny of that ilk, in liferent during his lifetime, and to John Udny, his eldest son, and the male heirs to be procreated of his body, which failing the male heirs of the said Alexander Udny, which failing his nearest heirs and assignees whatsoever, all and whole the lands and barony of Udny, comprehending the lands and mains of Udny, with the tower, fortalice, manor place, houses, biggings, yards, orchards, dovecots and stanks thereof; the lands of Priestfaulds and Strickmeadow, with the pertinents; the lands of Kilmorton, mill and mill-lands of Udny, astricted multures, sequels, sucken and knaveships thereof, with all their pertinents, with the privilege of the said barony and whole profits thereto belonging with all parks, meadows, yards and others above-written, with the privilege of a market or fair called Christ's fair,† with the whole customs and casualties thereto belonging, with all lands and annualrents of old mortified to the church and chaplainry of Udny, and all privileges and duties thereto belonging, lying within the barony of Udny and sheriffdom of Aberdeen, with all and sundry the teind sheaves and other teinds, parsonage and vicarage of the said lands, and others above-specified, with the pertinents lying as aforesaid; and also, all and whole the barony of Fiddes, comprehending the particular towns, lands, mills and others all at length mentioned in the said charter, with advocation, donation and right of patronage of the chaplainry of St Mary, within the said barony of Fiddes, with all privileges and pertinents thereof and whole pertinents of the said barony, and a yearly annualrent of £5 to be uplifted out of the lands of Auchaydelie, or any part thereof, lying within the said sheriffdom of Aberdeen, and with the whole teind sheaves and parsonage teinds of the said lands and barony of Fiddes, comprehending as aforesaid, and of the lands of Monkshill, with the pertinents thereof included, and also that small piece of land of Haugh and piece of land called Ward, lying within the parish of Foveran and sheriffdom foresaid, together with the advocation, donation and right of patronage of the kirk of Udny, called Christ's kirk and chaplainry of Udny, with the lands and annualrents of old given and mortified to the same, with all privileges and duties thereof, lying within the said barony of Udny and sheriffdom foresaid. And whereby his majesty, with consent foresaid, gives, grants, conveys and perpetually confirms to the said Alexander Udny and Anna Renton, his spouse, the longest liver of them two in conjunct fee, and to the said John Udny, their son, and the male heirs of his body, which failing the other male heirs of the said Alexander Udny his body, which failing his own nearest heirs and assignees whatsoever heritably, all and whole the lands and barony of Newburgh, commonly called Knockhall, with the burgh of Newburgh, tofts, crofts and burgh ruids thereof, manor place thereof and mill of Newburgh, mill-lands, multures and sequels of the same, with advocation and donation of the chapel and chaplainry of Newburgh, with the fishing upon the water of Ythan, as well by sea as by land, within the whole bounds of the said lands and barony, lying within the said shire of Aberdeen, excepting from the said fishing that part of the water of Ythan that ascends from Maucherfoord to Seggieford of Fyvie, and that in so far only as concerns the property thereof, with the whole teind sheaves of the lands and barony of Newburgh and lands of Knockhall, burgh ruids thereof and pertinents of the same, with the teinds of the salmon fishing of the water of Ythan, excepting furth of the said Anna Renton her liferent infeftment of the said lands and barony of Newburgh, the particular portions of land, fishings, teinds and others as the same are possessed, and at length expressed in the said charter in manner therein related. Likewise his majesty, with consent foresaid, of new gives, grants and conveys and, for his highness and his successors, perpetually confirms to the said Alexander Udny, and his said spouse in liferent and to the said John Udny, their son, and to their heirs and assignees above-named in manner and by the division above-specified, all and sundry the foresaid lands and baronies of Udny and Fiddes, comprehending the particular towns, lands, superiority, mills, mill-lands, teinds, rights of patronage and others above-specified, with the said piece of land called Haugh and piece of land called the Ward; and also, all and whole the said lands and barony of Newburgh, commonly called Knockhall, with the burgh of barony thereof, mill, mill-lands, multures, fishings and right of patronage of the chaplainry thereof, and others above-specified with the pertinents, excepting from the said fishings as aforesaid, together with all right, title, interest, claim of right, property, possession, petitor and possessor, which his highness and his predecessors, or his highness's successors had, has or in any way may have, claim or pretend thereto, or any part of the same, or to the mails, ferms, profits and duties thereof, for whatsoever years or terms bygone and to come, by reason of ward, relief, non-entry, marriage, escheat, liferent, forfeiture, disclamation, recognition, purpresture, bastardy, last heir or by defect of confirmation, non-production of holdings or change thereof, or by reduction or improbation of any infeftments or retours, or loss of the old evidents or by any clause irritant therein contained, by any manner of way, right or title for whatsoever cause or occasion bygone, which his majesty, with consent foresaid, renounces and gives over in their favour for ever. And moreover, with consent foresaid, also unites, annexes, erects and incorporates all and sundry the foresaid lands, baronies, mills, mill-lands, burgh of barony, teinds, fishings, annualrents, rights of patronages, superiorities and others above-specified, with the pertinents, in a whole and free barony to be called the barony of Udny, ordaining the tower and manor place thereof to be the principal messuage, and a sasine to be taken there, or upon the ground of any part of the said lands, by the said Alexander Udny, his said son and their foresaids and by his said spouse, to be sufficient for all and sundry the lands, baronies and others above-specified, albeit they lie discontiguously, to be held of his highness in fee heritage and free barony for ever, giving thereof yearly, for the teind sheaves and other teinds, parsonage and vicarage of the said lands and barony of Udny, and of the said lands and barony of Fiddes, comprehending the lands and others above-specified, and of the said lands of Monkshill, and also for the rights of patronages and the said burgh of barony of Newburgh, and burgh ruids thereof, and for the whole parsonage teinds and teinds of the salmon fishing of the said lands and barony of Newburgh, and others above-specified, the blench duties and other duties mentioned in the foresaid charter and former infeftments of the same, and also giving yearly, for all and sundry the lands, baronies and others above-specified, lying and designed as aforesaid, the rights and services used and wont to be paid to his highness and his predecessors; likewise by the tenor of the said charter, his majesty, with consent foresaid, grants and ordains that, whensoever it should happen, all and sundry the foresaid baronies, fishings and others above-specified, with the pertinents, to fall and become in his highness's hands, by reason of ward or non-entry or either of them in any time coming, that then and in that case it should be rightful to the heirs and successors of the said Alexander Udny, and his said son, to bruik and enjoy the same, and to intromit with and uplift the whole rents, casualties and duties thereof, during the said ward or non-entry, or any of them in any time coming, without any objection or impediment to be made by his highness, his advocate, treasurers, donators, paying thereof yearly to his highness and his successors yearly, during the said ward and non-entry or either of them, the sum of 500 merks Scots money, at Whitsunday [May/June] and Martinmas [11 November] by equal portions, with the like sum for the relief thereof, with 1,000 merks for the marriage of the heir or heirs of the said Alexander Udny and his son and their successors succeeding to them in the said estate, so often as the same shall occur, for all other burden etc., to the which sums modified, as aforesaid, his highness did tax and restrict all and sundry the lands, baronies and others above-specified with the pertinents, and did change the same from the said simple holding by service, ward and relief to be held in taxed ward, as aforesaid, and now as if the same were to become in the hands of his highness and successors by reason of ward and non-entry, his highness did give and convey to the heirs and assignees of the said Alexander Udny, and his said son, all and sundry the said ward, non-entry, ferms, rents, casualties and duties of the same, as often as the same should occur, with the relief and marriage of the heirs succeeding to them therein, with all right and title which his highness can claim thereto, and did decree that it should be rightful to the heirs of the said Alexander, and his said son and their assignees, to obtain themselves served and infeft as heirs in the lands and others above-specified, in any time in their minority, as if the same held blench, paying the taxed duties above-specified, with the which his highness did dispense for ever, as in the said charter bearing therein a provision that it should be rightful to the said Alexander Udny, by himself without the consent of his said son, at any time, to sell, wadset and convey the lands, baronies, teinds and others above-specified, and to set tacks thereof and to redeem the same by payment to his said son and his heirs of 10 merks Scots, and that the same should be affected with his whole true debts due for the time, with several other heads and clauses, with the precept of sasine directed thereupon, under his highness's quarter seal, at more length is contained, in all and sundry the heads, points, clauses, articles, circumstances and provisions and conditions thereof conceived and set down in favour of the said Alexander Udny, and his said spouse, and of the said John Udny, their said son, their heirs and assignees above-named, in manner above, and as is therein expressed, and after the forms and tenors thereof in all points. And our said sovereign lord and his estates of parliament, will and grant and his highness, for him and his successors, decrees and ordains that this present ratification of the foresaid charter bearing the foresaid novodamus and change of the holding, with the precept and infeftment to follow thereupon, is and shall be of as great force, strength and effect to the said Alexander Udny, and his said spouse and to the said John Udny, their said son, their heirs and assignees above-named, for bruiking and enjoying all and sundry the foresaid lands, baronies, fishings and others above-specified, with the pertinents lying and designed as said is, conforming thereto according to their interests in all time thereafter, as if the same was particularly and at length engrossed and set down herein; with the which and with all other defects, objections and imperfections that may be proposed or alleged against the same, or this present ratification and confirmation thereof, our said sovereign lord and estates of parliament, have dispensed and, by this act, dispense for ever.