Ratificatione to Schir Gedeone Murray off dyvers his infeftmentis

Oure soverane lord and estaittis of this present parliament ratifies and approvis the tua infeftmentis respective underwrittin: the ane thairoff maid and grantit be his majestie under his hienes gryit seall to his majesties trustie and weilbeloved counsellor Schir Gedeone Murray of Elibank, knight, his hienes thesaurer, comptroller, collectour and thesaurer of the new augmentationes depute be his majestie, and ane of the lordis of his majestyes previe counsell and sessioun of the kingdome of Scotland, and to the airis maill lauchfullie gottin, or to be gottin, of his awin bodye, quhilkis failyeing, to his nerrest and lauchfull airis maill beirand the surname and armes of Murray and assigneyis quhatsumevir heretablie off all and haill the tenandrie of Elibank, comprehending the landis and utheris efterspecifit, viz: all and haill the landis of Elibank, alias Elieburne, with the maner place, houses, biggingis, pairtis and pendicles of the samen, all and haill the landis and place of Glenpoit, with tennentis, tenandries, service of frie tennentis thairoff, all and haill the eister halff of the landis and place of Ploro, with tennentis, tenandries, service of frie tennentis thairoff, pairtis, pendicles and pertinentis of the samen, and landis of Hamlote callit Preistishope, with all and sindrie pairtis, pendicles and pertinentis of the samen lyand in the wairde of Tueid within the lordschip of the Forrest of Ettrik and schirrefdome of Selkirk, to be haldin of oure said soverane lord and his successoures in fewferme for payment of the fewmaillis and dewties mentionat in the said infeftment; quhairby the mariages of the aires of the said Schir Gedeoun and proffittis thairof ar taxt and disponit to thame for payment to his majestie and his successoures of the soume off ane hundereth pundis monie of the said realme of Scotland als oft and sa oft as the samen sall happin to fall in the handis of his majestie or his hienes successoures off the date at Linlithgow, the tuentye nynt day off September, the yeir of God jM vjC and ane yeiris; and the uther of the saidis infeftmentis maid and grantit be his majestie under his hienes gryit seall to the said Schir Gedeone Murraye, his airis maill and assignais quhatsumevir heritablie, off all and haill the baronye off Ballincreif comprehending the landis and utheris efterspecifit, viz: all and haill these foure housband landis of Ballincreif sumtyme occupiet be umquhile Adame Nisbite, and als ane husband land lyand thair sumtyme occupiet be umquhile James Newtoun, thrie quarteris or thrie fourte pairtis of ane husband land in Ballincreif of auld occupiet be umquhile Elizabeth Sinclair, with the doucatt, yaird and houses biggit before the yaird on the southe with the aiker behind the yaird callit the Doucat Aiker on the northe, all and haill tuentie aucht cottage aikeris of the toun of Ballincreif with the mylne of Ballincreif, thirle multeris and suckin thairoff, and of the haill lordschip, toun, manis and landis of Ballincreif, Gosfurde and Spittell, with castellis, toures, fortalices, maner places, houses, biggingis, pairtis, pendicles, tennentis, tenandries, service of frie tennentis thairoff, togidder with the office of bailyerie of the same, with all utheris rightis, priviledgis, proffittis and dewties pertening and belanging thairto, all and haill ane husband land of these tua husband landis callit Rewingstounislandis, with the pertinentis, as also ane tua mark, four schilling, sex penny land of the uther husband land callit as is abovewrittin, with houses, biggingis, pairtis and pendicles thairof, and siclyik all and haill the landis of Ballincreif callit the ten pund land, with houses, biggingis, yairdis, outseittis, cottages, pairtis, pendicles and pertinentis of the same quhatsumevir, all and haill ane husband land of the tua husband landis commonlie callit Myretoun, with houses, biggingis, outseattis, toftis, croftis, pairtis, pendicles and pertinentis of the samen, ane husband land sumtyme occupiet be James Tailyeour in Drem, eldest lauchfull sone to Alexander Tailyeour in Mungoiswallis, all and haill these four husband landis and brewlandis in Ballincreif, with houses, biggingis, yairdis, doucat, pairtis, pendicles and all thair pertinentis sumtyme occupiet and possessit be Alexander Richartsoun, brother germane to Schir James Richartsoun off Smetoun, knicht, and his subtennentis, all and haill that pece of land in Ballincreif callit the halff merk land with the pertinentis sumtyme occupiet and possessit be umquhile Schir Johnne Murray of Eddlestoun, knight, and his subtennentis, lyand in the territorie and lordschip of Ballincreif within the constabularie off Hadingtoun and schirefdome off Edinburgh, and siclyik all and haill the landis of Power How, alias Proro, and that pairt of the landis of Fortoun and Fentoun lyand betuix the landis of West Fortoun on the east, the landis of Byires on the west, the landis of Elstanefurde and West Fortoun on the southe, and the landis of Congiltoun and Eist Fortoun on the north pairtis, with the pasturage of tua hundereth scheip, tuentie oxin and tua horsis in the commontye of Kingstoun, with frie ische and entrie thairto, togidder with the haill teindis of the saidis landis of Power How, Fortoun and Fentoun includit annexis, connexis, feufermes, tennentis, tenandries, service of frie tennentis, pairtis, pendicles and all thair pertinentis lyand within the lordschip of Newbotle, constabularie of Hadingtoun and schirrefdome of Edinburgh, to be haldin of oure said soverane lord and his successoures of the date at Edinburgh, the sevintene day off Apryill last bypast in this instant yeir of God jM vjC and sevintene yeiris, togidder with the preceptis and instrumentis of seasing following upoun the saidis tua infeftmentis, in all and sindrie conditiounes, heiddis, articles and clauses quhatsumevir thairin conteanit efter the formes and tennoures thairoff. Lyik as his majestie and estaittis foirsaidis decernis and declaris that this present ratificatioun and confirmatioun of the saidis tua infeftmentis, with the preceptis and instrumentis of seasing following thairupoun, is and salbe als valide, effectuall and suffcient in all respectis as gif the samen wer at lenth de verbo ad verbum insert in this present act of parliament. Attoure oure said soverane lord, considering the gude, trew and thankfull service done be the said Schir Gedeoun Murray to his majestie, not onlie in his hienes privat and particular effaris bot also in the publict effairis of the said realme of Scotland, in the faithefull and diligent discharge of the offices and commissiones trusted and committit to him be his majestie thir dyvers yeiris bygane, tending gryitumlie to his hienes contentment and to the honour, commoun weill, peax and tranquillitie of the said kingdome of Scotland and liegis thairoff, quhilk services ar sufficientlie tryed, verifiet and knawin to his majestye and haill estaittis of this present parliament to have bene verie proffitable to his majestie, this realme and liegis thairoff; thairfore, and to giff occasioun to utheris his hienes gude subjectis to do and performe the lyik faythfull and thankfull service to his hienes and his successoures in tyme cuming, oure said soverane lord and estaittis foirsaidis have dissolvit and be thir presentis dissolvis all and haill the foirsaid tenandrie of Elibank comprehending the landis and utheris foirsaidis unite and annexat thairto and contenit in the infeftment thairoff abovementionat, and als all and haill the foirsaidis landis and baronye of Ballincreiff, comprehending the landis and utheris abovespecifit unite and annexit thairto be vertew of the infeftment of the samen abovewrittin grantit to the said Schir Gedeone Murray and his foirsaidis fra his hienes croun and patrimonye thairoff, and fra all actis and statutes off parliament made be his hienes or his maist noble progenitouris annexing the lands and utheris abovespecifit to his hienes croun and that to this effect following, viz: that his majestie may of new gif, grant and dispone to the said Schir Gedeoun Murraye, his airis maill and assignais all and haill the foirsaidis tenandrie of Elibank, alias Eliburne, comprehending the saidis landis of Elibank, the foirsaidis landis and place of Glenpote, the foirsaid eister halff of the saidis landis and place off Ploro and landis of Hamlote, alias Preistishope, with thair maner places, houses, biggingis, yairdis, orcheartis, tennentis, tenandries, service of frie tennentis thairoff, pairtis, pendicles and pertinentis off the same, to be haldin of his majestie and his successoures in feuferme for the yeirlie payment of the few maillis and uther dewties contenit in the said infeftment grantit to the said Schir Gedeoun thairupoun, off the date the tuentye nynt day off September, the yeir of God jM vjC and ane yeiris, quairbye the mariage of the air is taxt and disponit for payment of the said soume off ane hundereth pundis toties quoties the said mariage salhappin to waik in tyme cuming; and als to the effect that his majestie may of new giff, grante and dispone to the said Schir Gedeoun Murraye, his airis maill and assigneyis heretablie, all and haill the foirsaidis landis and baronie of Ballincreiff, comprehending all and sindrie the landis and utheris specifit in the said infeftment grantit to him thairupoun of before off the date the sevintene day of Apryill lastbypast, to be haldin of oure said soverane lord and his successoures in maner following, to wit: the saidis particular landis of Ballincreif, with the mylne and office of bailyerie foirsaid, to be haldin in fewferme, and the saidis landis of Power How, Fortoun and Fentoun, with the pasturage and teyndis thairoff abovewrittin, to be haldin in frie blenche payand thairfore yeirlie to his hienes and his successoures the fewmaillis, fewfermes and utheris dewties efter specifit, viz: for the saidis four husband land in Ballincreif, sumtyme occupiet be the said umquhile Adame Nisbit, the foirsaid ane husband land lyand thair sumtyme occupiet be the said umquhile James Newtoun, the foirsaidis thrie quarteris or thrie fourt pairtis of ane husband land in Ballincreif off auld occupiet be the said umquhile Elizabeth Sinclare, quhairoff ilk husband land now extendis in his hienes rentall to tua merkis monie of this realme of Scotland, sex bollis beir, thrie caponis and sex pultrie, and for the foirsaid doucat, yairdis, orcheartis, with the houses and aiker callit the Doucate Aiker, extending in his hienes rentale to thrie hundereth young dowes, ane thousand chirries, sex schillingis and aucht pennyes money foirsaid, and for the saidis tuentie aucht cottage aikeris of the said toun of Ballincreif, quairoff everie aiker now extendis in his hiens rentall to thrie schillingis money foirsaid and sex pultrie, and for the said mylne, multuris and sequellis thairoff now extending in his hienes rentall to aucht merkis money abovewrittin yeirlie, quhilkis landis with the mylne astrict, multeris, yairdis, orcheardis, houses and thair pertinentis and the foirsaid office of bailyerie extendis now in the haill, the auld fewferme and augmentatioun being comptit togidder, to the soume of tuentye pundis usuall money of the said realme of Scotland at tua usuall termes in the yeir, Witsonday and Mertimes in winter, be equall portiounes, tua chalderis, tua bollis and tua firlottis beir, with capones, pultrie, young dowes and chirries foirsaidis, and als the airis of the said Schir Gedeone payand to his hienes and his successoures the double of the said silver dewtie of ane yeir at thair first entrie to the saidis landis as use is off fewferme, and likwayis the said Schir Gedeoun and his foirsaidis biggand and uphaldand upoun the foirsaidis landis ane sufficient mansioun of stane and lyme with hall, chalmer, barne, byir, stable, doucatt, orcheartis, yeardis, behyves, with hedgis and planting of aik and all uther tries necessar, stankis and briggis for passage of his hienes liegis in places convenient within the saidis landis, with utheris houses and policie convenient and correspondent to the ground off the saidis landis. And mairattour, the said Schir Gedeone Murray and his foirsaidis, finding for everie ten pund land of the saidis landis of Ballincreif immediatly abovewrittin tua horsis men, the ane thairof with lance and the uther with ane cariage horse, to do service to his majestie in his hienes weiris and armyes quhen they salbe lauchtfullye requyred and chairgit thairto be lettres or proclamatiounes as effeiris; and lyikwayis payand to his majestye and his successoures for all and sindrie the foirsaidis landis callit Rewingstounes landis, with the pertinentis, and the foirsaid ane husband land commonlie callit Myretoun, with the pertinentis, the soume of thrie pundis, threttene schillingis and four pennyes monie foirsaid at the saidis tua termes in the yeir, Witsonday and Mertimes in winter, be equall portiounes, and als the airis maill of the said Schir Gedeoun doubland the said fewferme the first yeir of thair entrie to the foirsaidis landis as use is of fewferme for all and haill the foirsaidis landis of Ballincreif callit the ten pund land, with houses, biggingis, yeardis, outseattis, cottagis, pairtis, pendicles and pertinentis of the same quhatsumevir, the soume off tuelff pundis, sex schillingis and aucht pennyes monie abovewrittin at the saidis tua termes in the yeir, Witsonday and Mertimes in winter, be equall portiounes as the auld few ferme and augmentatione useit and wount to be payit for the foirsaidis landis with the pertinentis of before, and als the aires maill of the said Schir Gedeoun doubland the said fewferme dewtie the first yeir of thair entrie to the foirsaidis landis as use is of fewferme, and also the said Schir Gedeoun Murraye and his foirsaidis biggand and uphaldand upone the saidis landis ane sufficient mansioun with hall, chalmer, kitcheing, barne, byir, doucatt and utheris policies necessar correspondent to the ground of the samen landis conforme to the tennoure of the auld infeftmentis of the saidis landis allanerlie for the foirsaidis four husband landis and brewlandis in Ballincreif, with housis, biggingis, yairdis, doucat, pairtis, pendicles and all thair pertinentis sumtyme occupiet be Alexander Richartsoun, and the foirsaid pece land in Ballincreif callit the halff merkland, with the pertinentis, the soume of aucht pundis money foirsaid at the saidis tua usuall termes in the yeir, Witsonday and Mertimes in winter, be equall portiounes, ane chalder, nyne bollis, tua firlottis beir, tuelff capones and tuentie foure pultrie at the termes useit and wount, as the auld fewferme useit to be payit for the foirsaidis landis with the pertinentis, togidder with the soume of thrie schillingis, foure pennyes monie foirsaid at the termes abovewrittin in augmentatioun of his hienes rentall of the saidis landis; and als the airis maill of the said Schir Gedeoun doubland the said fewferme the first yeir of thair entrie to the foirsaidis landis as use is of fewferme. And in lyik maner the said Schir Gedeone and his foirsaidis bigand and uphaldand upoun the saidis landis ane sufficient mansioun with hall, chalmer, kitcheing, barne, byir, doucat, yairdis, orchardis, hedgis and utheris policie neidfull corresponding to the ground, for all and sindrie the foirsaidis landis off Power How, alias Proro, with that pairt of the saidis landis off Fortoun and Fentoun lyand and boundit in maner abovewrittin, with the foirsaid pasturage upoun the said commontie of Kingstoun and teindis of the saidis landis of Power How, Fortoun and Fentoun, includit annexis, connexis, few fermes, tennentis, tenandries, service of frie tennentis and all thair pertinentis, the sowme of sevintene pundis money foirsaid in name off blenche ferme yeirlie at the feast of Witsonday allanerlie; and that for releiff of Robert, earle of Lothioune, his airis and successouris of ane pairt of the blenche dewtie contened in his infeftment of the said lordschip of Newbotle; and als the said Schir Gedeone and his foirsaidis freithand and releiffand the said Robert, earle of Louthiane and his foirsaidis of all taxatiounes, impositiounes and all uther burdingis quhatsumevir imposed, or to be imposed, upoun the foirsaidis landis, teyndis and utheris abovewrittin according to the raite and proportioun of the samen allanerlie. And forsamekle as be vertew of certane auld infeftmentis of the saidis landis of Ballincreiff maid to the predicessouris and authoures of the said Schir Gedeoun Murraye, they wer obleist to pay to his hienes the fewmaillis and fewfermes abovespecifit, togidder with the mariage of the air quhen it suld happin; and his majestye and estaittis foirsaidis, considdering that his hienes of before taxt and modifier the mariage of the air of the said Schir Gedeoun be vertew of the said infeftment grantit to him of the said tenandrie of Elibank to the said soume off ane hundereth pundis als oft as the samen suld happin to waik, and his majestye and estaittis foirsaidis, off certane knawledge, for the causes abovespecifit, being willing to taxt and modifie the mariage of the airis maill of the said Schir Gedeoun and his successoures quhensoevir the samen suld happin to waik be vertew of quhatsumevir infeftmentis grantit to him, his predicessoures or authoures off the saidis landis off Ballincreif or ony pairt thairof, thairfore his majestie and estaittis foirsaidis gevis, grantis and disponis to the airis maill and successoures of the said Schir Gedeoun thair awin mariages and haill proffittis thairoff for payment to his hienes and his successoures off the soume off tua hundereth pundis, and that in contentatioun off the foirsaid taxt dewtye of the said mariage contenit in the said infeftment of the foirsaidis landis and tenandrie of Elibank; and that als oft and sua oft as the said mariage salhappin to waik, fall and becum in the handis of his majestie or his successoures in tyme cuming be vertew of quhatsumevir infeftmentis of the saidis landis and tenandrie of Elibank and off the saidis landis off Ballincreiff or ony pairt thairoff; and that for all uther dewtie, service, warde, mariage of airis or ony uther burding or exactioun quhatsumevir quhilk may be askit or acclamit of the landis and utheris particularlie abovementionat with thair pertinentis be vertew of quhatsumevir anteriour infeftmentis off the samen grantit be his majestie or his hienes predicessoures, quhairanent his majestie and estaittis foirsaidis have dispensit and be thir presentis dispenises for evir; and declairis that thir presentis sall mak expres dirogatioun thairto, retreiting, rescinding, lyik as his majestye and estaittis foirsaidis retreitis and rescindis all and quhatsumevir actis and statutes of parliament maid be his majestie and his hienes predicessoures of before quhilkis may be prejudiciall to this present act and infeftmentis to follow heirupoun in sa far as the saidis anterioure actis and statutes off parliament may be extendit to all and sindrie the landis and utheris above expressit with thair pertinentis; and declaires the saidis anteriour actis in that pairt to be voyde and ineffectuall in all tyme cuming; and that this present act with the infeftmentis to follow heirupoun salbe gude, valide and effectuall rightis to the said Schir Gedeoun and his foirsaidis for bruiking and joysing off all and sindrie the landis above expremit with thair pertinentis perpetuallie in all tyme heirefter conforme to the tennour of this present act and infeftmentis to follow heirupoun.

  1. NAS, PA2/19, f.28r-30r. Back
  2. Written superscript. Back
  3. Written superscript. Back
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  5. Written superscript. Back