[1681/7/169]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament, after perusal and consideration of the rights and writs after-specified and mature deliberation therein, by this act, ratifies, approves and perpetually confirms a charter, donation and disposition of the date 26 September 1673, made and granted by the bailies, dean of guild, treasurer and other members of the town council of Brechin therein subscribing, with the special advice and consent of the late reverend father in God, Robert [Laurie], bishop of Brechin, and of the dean and members of the chapter of the cathedral kirk thereof, and the said bishop and other members of the chapter, for their rights and interests and they all with one consent and assent, to James Carnegie of Balnamoon, his heirs and assignees whatsoever, heritably and irredeemably, without reversion, redemption or regress whatsoever, of all and whole that part and portion of the common muir of Brechin, belonging to the said town in property, as the same is meithed and marched, and is called Marchtowne, lying upon the northside of the common muir, and a little to the south of the water of Cruick, bounded as follows, namely: beginning upon the east side with a march stone and a cairn of stones over against that town, called Arnes, belonging to Balnamoon, and on the north side of William Mill's† burn, and from that first march stone west to another march stone and a cairn of stones, and from that second stone and cairn to a third march stone, and a cairn fixed and set at that place of the muir, called Windrims hut and kiln, and from that third stone and cairn westward by a course of stones and cairns set as marches, until the outmost extent of the said lands of Balnamoon, marching with the lands of Balhall,† which westmost march stone and cairn is set in the west side of Weir's burn, where three cart roads meet, extending in whole the said marches to the number of twelve stones and cairns on the east side of Weir's march stone; and likewise, all and whole that other part and portion of the said muir on the southside thereof, lying next adjacent and contiguous to the lands of Careston, pertaining to the said James Carnegie, bounded with the westmost march stone of Montboy, and from that west by a course of stones in a straight line extending to the number of six stones and cairns thereat, until the lands of Hillhead of Waterston, belonging to the said James Carnegie of Balnamoon, as also liberty and privilege of commonty and pasturage in the rest of the said muir, with this condition and provision that the privilege of commonty and pasturage shall in no way infer property therein, but that it is and shall be lawful for the said town to set in feu or in tack the whole or any part of the said common muir, without advice or consent of the said James Carnegie, his heirs or successors; to be held by the said James Carnegie, his heirs and successors, heritably and irredeemably, as said is, of the said bailies, dean of guild, treasurer, town council and commons of the said city of Brechin present and to come, in feu ferm, fee and heritage for ever, paying thereof yearly the said James Carnegie, his heirs, successors or assignees, to the said bailies, dean of guild, treasurer and town council of Brechin, superiors of the said lands and their successors, in all time coming, the sum of £8 Scots money in name of feu ferm duty, at two terms in the year Whitsunday [May/June] and Martinmas [11 November] in winter by equal portions, as also doubling the said feu ferm duty the first year of the entry of the heir or heirs, and that for all manner of duty or secular service which can be asked or required for the said lands, together with the precept of sasine, at length specified in the said charter, and instrument of sasine following upon the said precept, of the date 6 November, the said year of God 1673, under the sign and subscription manual of John Spence, clerk of Brechin, notary thereto, registered 14 November, and year foresaid; together also with a contract of alienation passed and perfected between the bailies, dean of guild, treasurer and other members of the said town council of Brechin on the one part, and the said James Carnegie on the other part, anent the alienation of the foresaid lands above-mentioned, and whereupon the foresaid charter and infeftment proceeded with the procuratory of resignation therein contained, in the whole heads, clauses, articles, circumstances and conditions thereof, and after the forms and tenors of the same in all points, and decrees, declares and ordains that the foresaid general ratification is and shall be as sufficient and of as great force, strength and effect, to all intents and purposes, and in all judgements, petitor and possessor, as if the said charter and sasine following thereupon and contract above-ratified and approved, and all that has followed thereupon, were word for word inserted and expressed herein, and as if the said ratification had been granted to any of their predecessors and authors preceding the date of this act; with the which and with all that has followed or may follow thereupon and all exceptions and objections that may be proposed against the validity of the said ratification, our said sovereign lord, with advice and consent of the said estates of parliament, has dispensed and, by this act, dispenses for ever, and have interposed and hereby interposes their authority and ratification thereto, and wills and ordains the said charter and sasine to be a good and valid right to the said James Carnegie, and his successors, for that effect, in all time coming, notwithstanding of any laws or constitutions of this realm made or to be made in the contrary.