Legislation: private acts

Our sovereign lord, with the advice of the three estates of his realm, ratifies and approves and, for him and his successors, perpetually confirms the charter and discharge underwritten made by his highness to John Wishart of that Ilk, of his own proper motive and certain science for his good, true and thankful service done by him to his highness, and for certain great sums of money and composition paid by him to his grace's treasurer; that is to say, the said charter to the said John and his heirs specified therein of all and sundry the lands of Easter Wishart, alias Logie Wishart, with the corn mill, multures and outsets thereof, the Den of Logie, dam and damshed thereof, and their pertinents lying contiguous at the west side of the lands of Stormished, and from there passing toward the north to the Wodlache, and from there toward the west by the middle gate and Cheswart Stone, and from there toward the west to the head of the Den of Logie; the lands of Wester Logie, with the pows, powlands and forebank thereof as they lie towards the north to the head of the bank rigging called the Ragingait, the lands of Locarstoune, with the bank croft and Halkdenheid thereof, the lands of Drumshade and Dairsie, the lands of Ballindarg, with the corn and waulk mills thereof, the lands of Auchleig, the lands of Stotfald, Braid Green and Bog, Wester Moss, Easter Moss, Pethillok, Galystripe and Richecruke of Ballindarg; the superiority of certain tenements and acres of lands and annualrents thereof lying in the town and burgh of Kirriemuir, specified at length in the said charter, with commonty in the muirs, moss and mires of Over and Nether Listy and forest of Lisden, with tenants, tenantries and service of free tenants, outsets, muirs, moss, lochs and myres of all the lands above-written and their pertinents, lying within our sheriffdom of Forfar, that pertained to the said John heritably of before, held by him immediately of Archibald [Douglas], sometime earl of Angus, and the said superiorities and annualrents similarly pertaining to the said John heritably and resigned by him personally in our hands at St Andrews, and all right and claim etc., and then made and created by us in a whole and free barony to be called in all time coming the barony of Wishart, and has ordained the manor place thereof built or to be built to be the principal manor-house of the barony, and that one solitary sasine to be taken at the said principal manor-house shall stand and be sufficient sasine for all and sundry the lands, superiorities with tenements, acres and annualrents above-written, and commonty in the said muirs, mires and mosses, corn and waulk mills, tenants, tenantries, service of free tenants, outsets, muirs, mosses, lochs and mires, and all their pertinents as parts and pendicles of the said barony, without any other special or particular sasine to be taken at any other place thereof in time coming, notwithstanding that they lie not contiguously together, to be held of us and our successors, that is to say, the said superiorities and annualrents in free burgh and barony as of before, and the remainder of the lands above-written, with the mills, muirs, mosses, mires, tenants, tenantries, service of free tenants and their pertinents in free barony and free blench, notwithstanding any of our acts or statutes made or to be made contrary to the ratification of the charters of blench or tailzie as at more length is contained in the said charter, of the date at St Andrews, 29 May 1540, and the said discharge made by us to the said John and his heirs of our right, claim and interest which we have, or may have, to the said lands and barony, lying contiguous to our lands of Balmuckety and common of our Nether Muir of Listy, and also in and to the lands, marches and meiths underwritten, that is to say, at the west to Halkdenheid, alias Monkden, passing up towards the north to the head of the den, and from the north head thereof towards the east the south side of the Reedie Moss, and from there passing east towards the north to the head of Alrinden, alias the Den of Logie, and to the stone called the Cheswart Stone, and towards the east to the gate that passes therefrom to the Loan of Glasswell until it comes right opposite to the north head of Stormischeid and passing towards the south by the west side of Stormischeid to the burn of Balmuckety and the mill dam of Logie, as at more length is contained in the said discharge of the date at Glamis, 14 October last bypast, of the which charter the tenor follows:

[Abstract:] King James, etc., to all good men, etc., greetings. After reaching his perfect age of 25 and completing a general revocation, the king grants of his own volition and from certain knowledge, and hereby confirms, to John Wishart of Logie Wishart, for his service and a sum of money paid to the treasurer, all the lands of Easter Wishart, alias Logie Wishart, with the milling of grains, multure, outsets, Logie Den, the dam and damshed of the same, lying and adjoining to the west of the lands of Stormesched, and from here extending to the north to the Wodlache, and from here to the west by the middle gate to the Cheswert Stone, and from here west to the head of the Logie Den, the lands of Wester Logie with the pows, powlands and forebank of the same, as lies to the north to the summit of the bank rigging known as Rigging Gait of the same, the lands of Lokarstoun, with the bank croft and 'halkdenhead' of the same, the lands of Drumshade and Dairsie, the lands of Ballindarg with the milling of grain and fulling, the lands of Acheleg, the lands of Stotfauld, Braid Green and Bog, Wester Moss, Easter Moss, Peithillok, Gawlestripe and Reschecruk of Ballindarg, the superiority of the tenements and acres of the above lands, and the annualrents of the same, lying in the town and burgh of Kirriemuir, namely, the superiority of the tenements and three acres of land which pertained to the late John Crab, and an annualrent of 30s annually at Easter and St Martin [11 November] in winter in equal portions, the superiority of the tenement and two acres of lands that pertained to the late John Fettes, and 20s of annualrent from the same at the same terms, the superiority of the tenement and three acres of land of the late David Allan, and 30s of annualrent at the same terms, the superiority of the tenement and one and a half acres of land of the late John Skinner, and 15s of annualrent from the same at the same terms, the superiority of the tenement and acres of lands of the late Robert Butter, and 10s of annualrent from the same, with 'fronts' and 'tails' of the same tenements and acres, with the common land in the muirs, and the Moss and Over and Nether Listy and forest of Lisden, with tenants, tenantries, etc., in the sheriffdom of Forfar, which, with the exception of the superiorities and annualrents, were held by him immediately of Archibald [Douglas], formerly earl of Angus, in chief, and now pertain to the king by reason of escheat from forfeiture, etc. And the superiorities and annualrents were John's hereditarily, and he resigned them at St Andrews to the king. Furthermore, the king creates and unites all the above into the barony of Wishart, ordaining the manor of Wishart, now built or to be built, to be the principle messuage. A single sasine at the principle messuage will be sufficient now and in the future for all the lands, etc., regardless of the fact that they are not contiguous or adjacent. Also giving and to John and his heirs all right and title which the king has to the lands, etc., by reason of forfeiture, escheat, recognition, alienation, non-entry, etc., renouncing any action, now or in the future, arising from any past action or cause. Also exonerating the lords of council and other judges from any summons or process against John or his heirs regarding the lands, etc.; releasing the king's advocates and treasurers, present and future, from any pursuit of summons and process. With an agreement that the king will not move any plea or action against John or his heirs having interest in the lands. All the same lands, annualrents, etc., are to be held by John and his legitimate heirs, whom failing the nearest male heirs, whom failing the legitimate and nearest female heirs, from the king and his heirs in fee and heritage and free burgh in barony, forever. By all its rightful boundaries and divisions, with the usual rights, etc., with power to build necessities for the household, and with power to build a castle where he likes, with iron doors, battlements, corbel, sail, prisons, and other necessities for munition and fortification of the same, with all other liberties, etc., without any revocation. John and his heirs are to pay two silver pennies to the king at the messuage at Easter, if asked. Under the the great seal. Witnesses Gavin [Dunbar], archbishop of Glasgow, chancellor, Henry [Wemyss], bishop of Galloway and the chapel royal at Stirling, James [Stewart], earl of Moray, Archibald [Campbell], earl of Argyll, lord Campbell and Lorne, Malcolm [Fleming], lord Fleming, chamberlain, Sir Thomas Erskine of Brechin [and Halton], secretary, James Kirkcaldy of Grange, treasurer, Mr James Foulis of Colinton, clerk of register and of the rolls, Thomas Bellenden of Auchnoull, clerk of justiciary and director of chancellery. At St Andrews, 29 May 1540, 27th year of the reign.

Of which discharge the tenor follows:

[Abstract:] King James, etc., to all good men, etc., greetings. The king quitclaims all right, claim or interest that he has in the barony of Wishart, which lies adjacent to the king's land of Balmuckety and the common muir below Listy, and from there to Halkdenheid, alias Monkden, progressing from there to the north to the top of the den, and from the north top of the den south west to the muir 'Rubee More', and from here north east to the top of 'Alriden', alias Den of Logie, and to the Cheswart Stone, and to the east to the village which proceeds from here to the Loan of Glasswell, until it comes from the north head of Stormysched and proceeding by the south east side of Stormysched to the burn of Balmuckety and aqueduct of Logie. And granting that John, his heirs and successors enjoy, occupy and manure the same as seems best to them, and they are not to be troubled, arrested, attached, accused, etc., in future, and exonerating the lords of council, justiciars, justice clerks, etc., as above, from pursuing arrests, prison, etc. Under the great seal at Glamis, 4 October 1540, 28th year of the reign.

  1. NAS, PA2/8, III, f.61r-66r. Back
  2. Logie Wishart and the names that follow refer to modern Logie to the south of Kirriemuir, Angus (Ord. Surv. NO393520). The identification of Logie Wishart is suggested by Ballindarg (Ord. Surv. NO406513) and other clear similarities with modern place names in the surrounding fields. However, many places have not been identified. Back
  3. Not identified, and see alternative spellings below Back
  4. Not identified. Back
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  11. Not identified. Back
  12. Not identified. Back
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  14. Not identified. Back
  15. Not identified. Back
  16. See alternative spellings above. Back
  17. See alternative spellings above. Back
  18. Appears to be a rare use of 'sail' to mean an (architectural) projection, i.e. in 'oversail', an overhang, or also, in Scottish terms, a roof or archway over a passage between two buildings [OED]. Back
  19. NAS, PA2/8, III, f.66v-67r. Back
  20. Meaning not certain. Could be a place name or an indication of ruined or lost land. Back
  21. NAS, PA2/8, III, f.67r. Back

Our sovereign lord, with the advice of his three estates in this present parliament, understanding that in the parliament held at Edinburgh, 12 August 1522, after the forfeiture of the late Alexander [Home], lord Home, George [Home], now lord Home, brother german to the said late Alexander, by our said sovereign lord and his three estates and John [Stewart], duke of Albany, his tutor and governor for the time, was reintegrated, restored and ordained to be heritably infeft in all and sundry lands, rents, heritage, tacks, steadings and offices which pertained to the said late Alexander and came into the hands of his grace by reason of the said forfeiture, and letters ordained to be directed thereupon to all persons to whom the lands, heritage, tacks, steadings, rents and offices were conveyed and to all possessors thereof to resign the same in favour of the said lord, and where any lands were held of other overlords, the said lord and his heirs, with consent foresaid, were ordained to be presented as heritable tenants to them in the same and heritably infeft therein, and then his grace, after his perfect age of 25 years complete and general revocation, made and gave to the said lord a new infeftment of all the foresaid lands, as the said act of parliament and new infeftment made to the said lord thereupon bears. Therefore, his highness, with the advice and consent of his said three estates, ratifies, approves and, for his grace and his successors, perpetually confirms the said act of the date foresaid and letters passed thereupon, together with the said new infeftment, and in so far as any letters have been directed upon the said act in times bypast and not obeyed, his highness as yet wills that the same stand in strength and have effect, now as then and then as now, without prejudice of all men's rights and defences, and new letters to be directed to the effect foresaid, if need be, against the persons disobeying the same, notwithstanding any gift or presentation made to any person or persons of the said lands or any part thereof in his grace's less-age, which his highness has also revoked for good cause, as his special revocation made thereupon bears, which revocation our said sovereign lord, with the advice foresaid, ratifies and approves in all points; and also voids the said forfeiture by this act, except the lands of tynes, until his grace be further advised, and ordains the same to be enacted and inserted in his grace's books of parliament and to have the strength of an act thereof, with executorials to be raised thereupon in form as is appropriate. Subscribed by our sovereign lord at Edinburgh, 12 March 1540 [1541]. James

  1. NAS, PA2/8, III, f.61r-66r. Back
  2. Logie Wishart and the names that follow refer to modern Logie to the south of Kirriemuir, Angus (Ord. Surv. NO393520). The identification of Logie Wishart is suggested by Ballindarg (Ord. Surv. NO406513) and other clear similarities with modern place names in the surrounding fields. However, many places have not been identified. Back
  3. Not identified, and see alternative spellings below Back
  4. Not identified. Back
  5. Not identified. Back
  6. Not identified. Back
  7. Not identified. Back
  8. Not identified. Back
  9. Not identified. Back
  10. Not identified. Back
  11. Not identified. Back
  12. Not identified. Back
  13. Not identified. Back
  14. Not identified. Back
  15. Not identified. Back
  16. See alternative spellings above. Back
  17. See alternative spellings above. Back
  18. Appears to be a rare use of 'sail' to mean an (architectural) projection, i.e. in 'oversail', an overhang, or also, in Scottish terms, a roof or archway over a passage between two buildings [OED]. Back
  19. NAS, PA2/8, III, f.66v-67r. Back
  20. Meaning not certain. Could be a place name or an indication of ruined or lost land. Back
  21. NAS, PA2/8, III, f.67r. Back

Our sovereign lord, knowing he and his successors to be greatly hurt in his minority and less-age in the giving of his letters of regress to Richard Maitland of Lethington, his heirs and assignees, to redeem the lands of Thirlestane from Alexander Forrester of Corstorphine, his heirs, assignees and successors, because, by the giving thereof, he and his successors are secluded perpetually from the marriage of the said Alexander's heirs and successors by reason that they have no other lands held of him immediately by service of ward and relief, and albeit the same is fallen under his general revocation made by him in his last parliament, nevertheless, for the more special declaration of his mind in that behalf, his grace, by the tenor hereof, revokes, voids and annuls the said letters of regress with all that followed or may follow thereupon, and discerns the effect thereof to cease in time coming and never to have strength in judgement nor without, and ordains [James Foulis of Colinton], his clerk register, to insert this, his grace's present revocation and annulation in the book of this his present parliament and the authentic copy thereof to be given to the said Alexander under the testimonial of grace's great seal, and this present writing and precept to be sufficient warrant to him.

  1. NAS, PA2/8, III, f.61r-66r. Back
  2. Logie Wishart and the names that follow refer to modern Logie to the south of Kirriemuir, Angus (Ord. Surv. NO393520). The identification of Logie Wishart is suggested by Ballindarg (Ord. Surv. NO406513) and other clear similarities with modern place names in the surrounding fields. However, many places have not been identified. Back
  3. Not identified, and see alternative spellings below Back
  4. Not identified. Back
  5. Not identified. Back
  6. Not identified. Back
  7. Not identified. Back
  8. Not identified. Back
  9. Not identified. Back
  10. Not identified. Back
  11. Not identified. Back
  12. Not identified. Back
  13. Not identified. Back
  14. Not identified. Back
  15. Not identified. Back
  16. See alternative spellings above. Back
  17. See alternative spellings above. Back
  18. Appears to be a rare use of 'sail' to mean an (architectural) projection, i.e. in 'oversail', an overhang, or also, in Scottish terms, a roof or archway over a passage between two buildings [OED]. Back
  19. NAS, PA2/8, III, f.66v-67r. Back
  20. Meaning not certain. Could be a place name or an indication of ruined or lost land. Back
  21. NAS, PA2/8, III, f.67r. Back