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†In the parliament held at Edinburgh on 29 July 1587, the which day our sovereign lord, with advice of the three estates of his realm in this present parliament, ratifies, approves and, for his highness and his successors, perpetually confirms the two charters and infeftments thereof underwritten, made, given and granted by his highness after his perfect age of 21 years complete, decreed and declared in this present parliament to his well beloved familiar councillor Mark, late commendator of Newbattle, now baron of Newbattle, his male heirs and assignees heritably, namely, the one of the said charters made, given and granted by his highness to the said Mark, his male heirs and assignees, of the superiority of all and sundry the lands of Prestongrange and others mentioned therein, united and incorporated in a temporal free barony called the barony of Prestongrange, as the said charter of the date at Holyroodhouse, 28 July 1587, at more length bears, and the other charter made by his highness to the said Mark, his male heirs and assignees, of the manor place of Newbattle, of old called the abbey of Newbattle, with all and sundry other lands, lordships, baronies, kirks, benefices, profits, rights, emoluments and others pertaining or that justly may belong to the said abbacy and patrimony thereof and whereof the abbots and convents were in possession in any time bygone, at length specified and contained in the said charter, united and incorporated in another free barony called the barony of Newbattle, as the said charter of the date at Holyroodhouse, 28 July 1587, at more length bears, notwithstanding our sovereign lord's revocation made in this present parliament or to be made hereafter, under the which the said infeftments shall never be comprehended; commanding [Alexander Hay of Easter Kennet], clerk register, to insert the said charters and infeftments at length in this present act for perpetual memory. Of the which charters and infeftments, the tenors follows:
James, by the grace of God, king of Scots, gives greetings to all good men throughout his land. Let it be known that we, after our complete achievement of the age of 21, appreciating that monastic superstition had been removed, with the result that it is not necessary that monasteries should remain in their accustomed state, and also considering that the majority of the lands and rents of temporal lands of our monastery of Newbattle, with its pertinents specified below, formerly belonged in heritage to our beloved councillor Mark, now commendator of the same monastery, and had been long before leased to his predecessors in perpetuity, a right which had devolved to him, and had been duly and lawfully confirmed by us and by [Mary], our late dearest mother; also recalling the long, good, loyal and gracious service offered and rendered to us in our tender years and to our late dearest mother and to others of our ancestors of very good memory by the late Mark [Kerr], commendator of Newbattle who died recently; they devoted themselves to this service over a long period of time and in their continual attention and administration of our business and that of our forebears took care so sedulously that they had been called to that position for us by privy councils; and also because the said commendator Mark and the community of the said monastery by a charter of theirs with their names and common seal resigned, renounced, gave up and relinquished into our hands for the purpose mentioned below, the superiority and, all and singly, the lands, baronies, mills, woods, fishtraps, coals, coalworkings, mansions, manors, orchards, towers, fortalices, gardens, meadows, tenants, tenancies, services of freeholders, and other things specified below, in return for the elevation of the same into one temporal and free barony, as follows, to the end that our undernoted infeftment should be strengthened in its effect and not otherwise, as is contained at greater length in the said surrender; also we, knowing that our rental in the sums mentioned below is being increased, when we and our predecessors formerly received no advantage from the forenamed lands and other things mentioned above, and considering that the said Mark Kerr, now commendator of Newbattle has paid a large sum of money to us in return for the completion of the present infeftment, accordingly now, after our said achievement of the age of 21, by the declaration made in the present charter, we have given, granted and conveyed, and by the contents of our present charter do give, grant and convey, to the foresaid Mark Kerr and his male heirs and assignees in perpetuity, the superiority of, all and singly, the lands, baronies, mills, mill lands, multures, woods, parks, fishtraps, coals, coalworkings, coalmines, stoneworkings, mansions, manors, orchards, gardens, meadows, towers, fortalices, manors called peelhouses, tenants, tenancies, services of freeholders, and other things specified below, namely: the lands of Prestongrange, with the manor and township of the same, the houses, buildings, orchards, gardens, coals, coalworkings, stoneworkings, pendicles and pertinents of the same, the saltworks or saltpans with the salt called kane salt of the same, houses, buildings, the girnel houses and other houses adjacent to them, and their pertinents, together with the warren lying adjacent to the foresaid lands of Prestongrange, the lands of Sowtercloute, lying within the constabulary of Haddington and our sheriffdom of Edinburgh; the lands of Easthouses and Westhouses, with their pendicles and pertinents, the two grain mills, easter and wester, multures of the same, together with the waulk mill and the mill lands of the same and their pertinents, lying within the township and territory of Newbattle, with the houses, buildings, gardens, pendicles and pertinents of the same, the lands and lordship lands of Newtongrange, with the woods called Easthouses Woods and the park lying next to them, with the coals and coalworkings of the same, together with all the coals and coalworkings within the barony of Newbattle, with their pendicles and pertinents, four acres of land lying in the shot called Craigshill within the barony of Newbattle; the lands of Morphattoun,† with the manor, fortalice, orchards, gardens, woods, meadows, fishtraps and their pendicles and pertinents, the lands of Huntly Cot, Toxsidehill, Coitlaw, Gladhouse, with the mill called Gladhouse-mill, the mill lands, multures and consequents of the same, and all their pendicles, pertinents, annex, connex, tenants, tenancies, services of freeholders of the same lands as appropriate, lying within our sheriffdom principal of Edinburgh; the lands of Leithen Hopes, namely the lands and property of Colquhar, with their tower and fortalice, the lands of Houlhope, with the peelhouse of the same, the lands and property of Lee, with their tower and fortalice, the lands of Dunslaw,† with the peelhouse of the same, the lands of Huthope, the lands of Craighope, the lands of Caulwelneis, the lands of Whitehope, the lands of Kitty's Cleuch, the lands of Blackhopebyre, and the lands of Glentress with their houses, buildings, towers, fortalices, orchards, gardens, woods, meadows, within the foresaid lands of Leithen Hopes, and all their pendicles and pertinents, with the liberty and privilege of the teinds of the said lands of Leithen Hopes respectively as there were in custom and usage in past times, with annex and connex, tenants, tenancies, services of freeholders of the same, lying within our sheriffdom of Peebles; all and singly, the above-named lands, baronies, mills, multures, woods, parks, fishtraps, coals, coalworkings, stoneworkings, mansions, manors, orchards, gardens, meadows, towers, fortalices, peelhouses, tenants, tenancies, services of freeholders, and other things specified above; [these] for the reasons already mentioned, from our certain knowledge and proper motives, we have elevated, unified and incorporated, and by the contents of our present charter do elevate, unify and incorporate into one temporal and free barony, in favour of the foresaid Mark Kerr, his male heirs and assignees in heritage, with the title and name of the barony to be called Prestongrange in perpetuity in future, giving and granting to the forenamed Mark Kerr and his foresaid male heirs and assignees for all time to come the title, honour and status of free baron, and that this barony should be decorated with insignia and arms as is the custom and called in future the barony of Prestongrange, and the said Mark Kerr, his male heirs and assignees are to be called barons of Prestongrange. To this barony, all and singly, the lands and other things specified above have been united and annexed. The said Mark Kerr, his male heirs, successors and assignees will in future possess these to enjoy in free temporal barony in return for the payment, and that only, of service and annualrent as mentioned below, and without any other annualrent or burden with which they may have formerly appeared to be burdened by law, statute or custom of any kind. Further, we decree and ordain that the lands and other things mentioned above, and the rents and proceeds thereof, should not be subject to taxations as with clergy and the religious estate, contributions or burdens imposed on our realm, but that they should for all times to come be taxed with baronies and temporal lands according to the just value and rate of free patrimony and according to the general category for levying taxation of all lands within our realm; also because we have understood that the foresaid Mark Kerr was previously infeft in feu ferm or emphyteusis in relation to, all and singly, the foresaid lands and other things specified above, therefore we wish and grant and also decree and ordain that he, his male heirs and assignees are in no way to be prejudiced in their former rights and infeftments regarding the foresaid lands, baronies and other things mentioned above which were completed before the date of the present document. Further, we wish, grant and for ourselves and our successors decree and ordain that one sasine to be handed over at the manor of Prestongrange for the foresaid Mark Kerr, his male heirs and assignees in fee and heritage now and for all times to come shall be sufficient in respect of the forementioned lands and barony, with all their annex, connex, parts, pendicles and pertinents, notwithstanding that they do not lie contiguously together but in different sheriffdoms as has been said. All and singly, the forenamed lands and barony of Prestongrange, comprising specifically the lands and other things specified above, with any annex, connex, parts, pendicles and pertinents, are to be held and had by the foresaid Mark Kerr, his male heirs and any assignees, from us and our successors, in fee and heritage and free barony, in perpetuity, by all ancient bounds and divisions as they lie in longitude and latitude, in houses, buildings, woods, plains, muirs, marshes, roads and paths, waters, pools and streams, meadows, pastures, grazings, mills, multures and their consequents, fowling, hunting, fisheries, peat mosses, turf beds, coals, coal workings, rabbits, warrens, pigeons, dovecotes, workshops, breweries, brewhouses, and whins, woods, groves, thickets, wood and timber, stoneworkings, stone and lime, with courts and their outcomes, inheritance payments, bloodwit, and marriage of women, and with furca et fossa, soke and sak, toll and theame, infangthief and outfangthief, pit and gallows, wrack, waith and wair and venison, with common pasture, free entrance and exit, and with, all and singly, any freedoms, advantages, profits, easements and just pertinents, whether named or not, under ground and over ground, far and near in relation to the foresaid lands and barony and other things detailed above, with the annex, connex, parts, pendicles and pertinents relating or able justly to relate to them in any way, in future, freely, quietly, fully, completely, honourably, well and in peace, without any impediment, revocation, contradiction or obstacle. In return, each year the foresaid Mark Kerr, and his foresaid male heirs and assignees shall render to us and to our successors for, all and singly, the foresaid lands and barony of Prestongrange, comprising specifically the lands and other things specified above, with any annex and connex, parts, pendicles and pertinents, the sum of £100 only of the usual currency of our realm by way of blench ferm for all other services and burdens which could in any way by anyone be justly exacted or required. Further, wishing that the present charter and infeftment in all the foresaid respects will be of a strong and sufficient robustness, efficacy and effect in favour of the foresaid Mark Kerr, his male heirs and assignees for all times to come, we promise on the word of a prince to cause the same charter with acknowledgement of its case to be ratified and approved in our parliament so that it may never in future be called into question or doubt. In testimony of this we have arranged for our great seal to be applied to this present charter. Witnesses were our beloved kinsmen and councillors John [Hamilton], lord Hamilton and commendator of our monastery of Arbroath, Archibald [Douglas], earl of Angus, lord Douglas, Dalkeith and Abernethy etc., the most reverend and venerable fathers in Christ Patrick [Adamson], archbishop of St Andrews, Walter [Stewart], prior of Blantyre, keeper of our privy seal, our beloved familiars and councillors Lord John Maitland of Thirlestane, knight, our secretary, Alexander Hay of Easter Kennet, clerk of our rolls of register and council, Sir Lewis Bellenden of Auchnoull, our justice clerk, and Master Robert Scott, director of our chancellery. At Holyroodhouse on 28 July in the year of the Lord 1587, and in the twentieth of our reign.
James, by the grace of God, king of Scots, gives greetings to all good men throughout his land, both clergy and laity. Let it be known that, monastic superstition having now ceased, and understanding that it is not necessary for monasteries and abbeys to remain in the state they were in before, and recalling to memory the longstanding, good, loyal and gracious service offered and rendered to us from our infancy and to our late dearest mother and other late and noble forebears of ours, of most happy memory, by our late, loyal familiar and councillor Mark, the last commendator of the monastery of Newbattle, and by our loyal familiar and councillor Mark, his son, recently commendator of this monastery, who spent very many years in attentive service in relation to our business and that of of our predecessors, and that for that reason we conferred on them the honour of being brought into the company of the lords of the privy council; also as our foresaid councillor Mark Kerr, recently the foresaid commendator, and the community of the same monastery resigned, renounced and simply surrendered into our hands by their special charter of their procurator with their signatures and with the seal of the chapter, all and singly the lands with teind sheaves of the same as follows included, and, all and singly, the lordships, baronies, woods, fisheries, mansions, manors, ferms, annualrents, taxes, tenements, churches, benefices, and specifically the church of Newbattle, the rectory and vicarage of the same, the church of Heriot, the rectory and vicarage of the same, the church of Cockpen and the rectory and vicarage of the same, the church of Bathgate, the rectory and vicarage of the same, with other things detailed below, and with tenants, tenancies, services of freeholders of the same, orchards, gardens, teinds, teind sheaves, other teinds, and the rest of the profits, rights and emoluments relating to or capable of relating to the said monastery and its patrimony, and of which the abbots and the community of the same were at any time in the past in possession, as is contained at greater length in the said surrender; this was for this new infeftment of ours contained below to be given and completed for the effect and in the way which follow, and not otherwise. Also we, understanding that our annual rental would be increased by the sums mentioned below, even though formerly we or our predecessors received no certain annualrent from the foresaid lands and churches, and considering also that by the present infeftment we have been made immediate superiors of the foresaid lands, just as our said councillor Mark Kerr would in future be the immediate tenant and vassal of the same lands to us, considering also that our said councillor spent large sums of money for this infeftment of ours, so now after our lawful completion of the age of 21 proclaimed by the present document we have given, granted and conveyed and by the contents of this present charter of ours do give, grant and convey to our foresaid councillor Mark Kerr and to his male heirs and assignees in heritage, all and singly, the foresaid lands including their teinds, and also, all and singly, the lordships, baronies, mills, woods, fisheries, mansions, manors, taxes, ferms, annualrents, tenements and other things detailed above, with tenants, tenancies and services of freeholders of the same, orchards, gardens, other profits, rights and emoluments relating to the said monastery and patrimony or justly able to relate to them, and of which the abbots and its community were at any time in the past in possession, namely: the manor of Newbattle of old called the monastery of Newbattle, with houses, buildings, barns, kilns, granaries, mill, orchards, gardens and other pertinents situated within the walls and precinct of the same place, one piece of land called the Anna close to adjacent parts of the said place, the township of Newbattle, the lands of Bryanschapel with their pertinents, the lands of Masterton and Newbyres with their pertinents, the arable acres adjacent to the township of Newbattle, the lands of Southside, the lands of Coittis Easter and Wester, with annex, connex, feu ferm, ferms, parts, pendicles, coals, coal workings, woods, forests, mills, multures and any other things with their pertinents lying within the lordship and barony of Newbattle, the lordship lands of Dalhousie with their pertinents, except the mansion and glebe reserved for the minister of the said church, the lands of Todhoillis with their pertinents, the lands of Gilmertongrange, the lands of Craighouse with the manor of the same, the lands of Nether Currie with any annex, connex, feu ferm, ferms, parts, pendicles, and pertinents, the lands of Heringden with tower and fortress of the same, the lands of Mauldslie with the peelhouse of the same, the lands of Toxsidehoill, the lands of Toxside Nether, one quarter of the lands of Toxsidehill occupied by John Lawson, the lands of Spurlens, the lands of Kirklandhill with annex, connex, feu ferm, ferms, parts, pendicles, and their pertinents, mills, multures, tenants, tenancies and services of freeholders of, all and singly, the foresaid lands, lying within our sheriffdom principal of Edinburgh; the lands of Saltpreston† formerly relating to the said monastery of Newbattle, with half of the township of Saltpreston, with houses, buildings and gardens of the same, with the arable acres adjacent to the said township and their pertinents, and with the mill and mill lands near Prestongrange together with the harbour called Aitchison's Haven† with two adjacent grain mills called the Seamills and their pertinents, with the links next to the sea, annex, connex, feu ferm, ferms, tenants, tenancies, services of freeholders of the same, the lands of Cowthroppill with mansions and manors of the same and their pertinents, 64 acres of arable land lying on the east side of Prestongrange and currently occupied by James Adamson, a burgess of our burgh of Edinburgh and his subtenants, the lands of Barfurd, the lordship lands commonly called Easter and Wester Mains with teind sheaves of the same included, along with the mill called the Monkmill, the mill lands, multures and consequents of the same with teind sheaves included, and with the lands of Easter and Wester Monkriggs including their teind sheaves, the lands of Coitwallis including their teind sheaves, the lands of Cutleris Croft and the Mains lands including their teind sheaves, the lands of Prora and Fenton including their teind sheaves, annex, connex, feu ferm, ferms, tenants, tenancies and services of freeholders, parts, pendicles and all their pertinents, lying within the constabulary of Haddington and the foresaid sheriffdom of Edinburgh; the lands of Kinnaird with pendicles and pertinents, feu ferm, ferms, tenants, tenancies, services of freeholders of the same and all their pertinents, lying within our sheriffdom of Stirling; the church lands of Bathgate with annex, connex, feu ferm, ferms, and all their pertinents (except the manse and glebe reserved for the minister of the same church) lying within our sheriffdom of Linlithgow; the lands of Williamhope with their pertinents, the lands of Romannogrange and Plewlands with the township of Romannogrange and the township of Plewlands, the lands of Cowthcoit with their manor, the lands of Easter Denishous, the lands of Wester Denishous with annex, connex, feu ferm, ferms, tenants, tenancies and services of freeholders of the same and all their pertinents, lying within our sheriffdom of Peebles; the lands and barony of Crawfordmuir otherwise called Friarmuir, with their pertinents, the lands and property of Shortcleugh, the lands and property of Glenochar, the lands and property of Paudoven, the lands of Fingland, the lands and property of Smythwod and Cownie, the lands of Over Glengonnar, the lands of Nether Glengonnar, the lands of Glencaple, the lands of Glengeith together with mansion, houses, crofts and meadow in Crawfordmuir occupied and possessed by the late Lord Michael Wightman, chaplain, with their pertinents, the lands and barony of Monkland, the lands and properties of Auchengray, Gartsherriemains, Cromlet and Blacklands, the lands of Caldercruix, the lands of Arbouchling, the lands of Petersburn, the lands of Brounsyde, the lands of Faskine, the lands of Gartlea, Ronschello with mill, mill lands, multures of the same and their pertinents, the lands of Airdrie with their mill, mill lands and multures, the lands of Rawyards, the lands of Coittis and Garturk, the lands of Nether Coittis, the lands of Coittis and Overhouse, the lands of Dundyvan, the lands of Haggs with their mill called Haggmill, mill lands and multures, the lands of Ryden, Drumgray and Garturk with the brewery lands commonly called Brewlands and all their pertinents, the lands of Soutarhousis, the lands of Kirkwood and Drumpendar,† the lands of Padovane, the lands of Denbank, the lands of Gilgairt, the lands of Arderyth, the lands of Karling Croft, the lands of one part of Gartsherrie occupied in tenancy by John Craig and William Salmond, the lands of Gartverrie and Gartluskan,† the lands of Gartmillan, the lands of Inchnock and Gain, the lands of Medrox, Myvot, Gartingawak, Blairlynes Easter and Wester, the lands of Myddiltoun with their mill of Calyeokclair, mill lands and multures, the lands of Glenhuiff, the lands of Glencorse, the lands of Rochsoles, the lands of Kippsbyre, the lands of Braidenhill, the lands of Kipps and the lands of Holenehirst† with annex, connex, feu ferm, ferms of the foresaid lands and baronies as appropriate, parts, pendicles, tenants, tenancies, services of freeholders, mills, mill lands, multures, woods, forests, parks, orchards, gardens, meadows, coals, coalworkings, and any other pertinents relating to the foresaid lands and baronies, lying within our sheriffdom of Lanark; one tenement of land with houses, buildings, dovecote and garden possessed by James Adamson, lying within our burgh of Edinburgh situated in the north of our town between the tenements occupied by Henry Chalmers, burgess of Edinburgh, and a tenement of land relating to Lord William Lauder of Haltoun on the east and a tenement of land, and dovecote relating to John Young, scribe, on the west; one tenement of land with its houses, buildings and garden lying in the town of Leith on the north side of the Water of the same between the tenement of the late Patrick Clark of Millar on the east, the tenement of the late John Downie on the west, our public road on the south and the Green on the north; another tenement of land lying in the town of Leith on the south side of the Water and the bank commonly called the Shore, between the common road on the west, the common vennel and public road on the east, the lands of the late Thomas Thomson on the south and our common road on the said Shore on the north, and at present occupied by John Thomson, tailor in Leith; one tenement of land lying in our burgh of Linlithgow formerly occupied by the late Patrick Taylor, with its garden lying on the north side of our royal town, between the tenement of the late Patrick Hall on the west, the tenement of land of John Gibson on the east, our public royal road on the south and Linlithgow loch on the north; one tenement of land lying in our burgh of Haddington with its garden on the north side of our town near the cross of the said burgh and formerly occupied by the late William Kemp; one tenement of land with its houses and garden lying in our burgh of Crail, on the north side of the market street, between the common vennel on the east and the lands of the late Richard Balcolmie on the west; one annualrent of £3 6s 8d to be levied annually on the lands of Kilpunt lying near Strabrock; one annualrent of 46s 8d to be levied on the lands called James Ballantyne of Pendreich's lying within our sheriffdom of Edinburgh; one annualrent of £3 6s 8d annually to be levied on the mill of Clerkington and its mill lands relating to Lord Corstorphine, lying within our foresaid sheriffdom; one annualrent of 40s to be levied annually on the lands of Carlinglippis lying within our foresaid sheriffdom; one annualrent of 13s 4d annually to be levied on the house and land lying within our burgh of Edinburgh relating to John Robertson, merchant, on the north side of our street of the same town in the close of Master Alexander King; one annualrent of 12s to be levied annually on one land in the town of Leith formerly occupied by the late Gilbert Wilson, cooper; one annualrent of £5 annually to be levied on one land lying within our burgh of Haddington formerly pertaining to William Ogill and now to Robert Borthwick, scribe; the salt pans within the barony of Saltpreston formerly relating to the said monastery, together with the ferms, taxes and teinds on the salt from the said salt pans; all and singly, all of the foresaid lands including teinds and also the lordships, baronies, mills, mill lands, multures, woods, fisheries, coals, coalworkings, manors, salt pans, taxes, ferms, annualrents, tenements, orchards, gardens, and other things specified above, with tenants, tenancies and services of freeholders, with other rights, profits and emoluments relating or justly capable of relating to the said monastery and its patrimony, and of which the abbots and their communities at any time in the past were in possession (except the foresaid parish churches mentioned below and the teinds relating to them) we, for the foresaid reasons from certain knowledge and out of a proper motive have elevated, unified and incorporated into one free barony, and by the contents of our present charter do elevate, unify and incorporate in favour of our foresaid councillor, his heirs and assignees in heritage to be called henceforth the barony of Newbattle, in such a way that accordingly the said Mark Kerr, and his foresaid heirs and assignees shall be called barons of Newbattle; to this effect by the contents of our present charter we have dissolved and suppressed just as by the contents of our present charter we do dissolve and suppress the said abbey and monastery of Newbattle and the foresaid churches, rents, teinds, profits and advantages relating to them, and specifically the churches specified above, namely the church of Newbattle, rectory and vicarage of the same, the church of Heriot, the vicarage and rectory of the same, the church of Cockpen, the rectory and vicarage of the same, the church of Bathgate, the rectory and vicarage of the same, lying within the diocese of St Andrews, in such a way that no part of the patrimony of the said abbey and monastery shall exist, nor any memory of the monastery or the monastic order be in it, nor shall any successor be provided for the said monastery by surrender, decease or in any other way, but, all and singly, the foresaid lands which are called the temporality of the said monastery shall in future remain with our foresaid councillor Mark Kerr, his male heirs and assignees, and the fruits and rents of the said churches and teinds shall in future be applied to the maintenance of ministers of cure serving in the same churches. At all parish churches and at each one of them we have elevated a rectory or parsonage and by the contents of our present charter do elevate, decree and ordain one rector to be presented and provided for each of the said churches, just as we gave, granted and conveyed and by the contents of our present charter do give, grant and convey in favour of our foresaid councillor Mark Kerr and his foresaid male heirs and assignees full right of patronage, advocation and donation of the said churches, rectories and vicarages; also we unify and annex the said right of patronage of the said barony to remain with him for all time to come; and, besides, now after the dissolution and suppression of the foresaid monastery and the elevation of its lands into one temporal lordship and barony as has been said, by which the parishes of the said parish churches should in no way be deprived of the comfort of a pastor fit to preach the word of God and administer the sacraments of the church, we decree and ordain that our said councillor Mark Kerr shall within the next six months present qualified persons for the foresaid rectories and vicarages to persons having the authority to admit them, and similarly at any time in the future whenever they happen to be vacant in this way, on account of surrender, depositing, deprivation or for any other reason; and besides, in respect of the dissolution and suppression of the said monastery and the elevation of its lands with advocation, donation and the right of patronage of the foresaid churches into one temporal lordship and free barony in return for an annual duty and service as mentioned above to be rendered to us, we, with the advice of our treasurer and general collector, have renounced and exonerated and by the text of our present charter do, for ourselves and our successors, renounce and exonerate all right and title which we had or have or could claim to a third of the fruits of the said abbey, monks' portions of the same, and every other right relating to us by any laws, acts of parliament or customs, in such a way that we, our treasurer and general collector shall receive at any time in the future any third of the fruits nor any monks' portions, forbidding the said treasurer and collector, present and future, from any levying of the same, simply and in perpetuity. Also we decree and ordain that holders of feu ferm and hereditary tenants of the forenamed lands, teinds and other things mentioned above, and their heirs and successors shall promptly pay their dues and services contained in their infeftments to our said councillor Mark Kerr and his male heirs and assignees, and respond, and they will hold their foresaid lands in feu ferm directly from Mark Kerr and his foresaid heirs and assignees. Through them the said holders of feu ferm shall enter upon their foresaid lands and be invested with them, and hold them similarly and as freely as they formerly held the foresaid lands from the commendators, abbots and communities of the said monastery. And so our said councillor, and his foresaid male heirs and assignees shall be the lords superior of the said lands, as freely in all respects as any superiority within our realm with any lords superior in relation to their vassals and tenants could be competent in terms of law or custom of the realm. Also, for ourselves and our successors we ordain that the foresaid lands, rents and their dues shall not be taxed in taxations, contributions or burdens imposed on the ecclesiastical estate with the clergy of the church or the ecclesiastical estate, but that they for all time to come shall be taxed along with baronies and temporal lordships, according to the just value and rate of patrimony and rent (commonly called living) as the general rule is established for taxation of all lands within our realm; from these taxations each holder of feu ferm and hereditary tenant shall pay his appropriate part proportionately. Further we wish and grant and for ourselves and our successors declare, decree and ordain that a single sasine, to be given at the manor of Newbattle shall stand and be sufficient for all time to come in favour of our foresaid councillor and his foresaid heirs, for, all and singly, the foresaid lands detailed above, including teinds and all their pertinents, notwithstanding that they do not lie together and contiguously but in different sheriffdoms as has been said. They are to be held and had, all and singly, the foresaid lands and barony of Newbattle, the forenamed lands including their teinds, tenements, annualrents, advocations and donations of the foresaid parish churches and their foresaid rectories and vicarages and particularly including everything specified above, with their annex, connex, parts, pendicles, tenants, tenancies and services of freeholders and all their pertinents, by our foresaid councillor Mark Kerr and his foresaid male heirs and assignees from us and our successors, in fee heritage and free barony in perpetuity, by all their proper ancient bounds and divisions, as they lie in longitude and latitude, in houses, buildings, woods, plains, muirs, marshes, roads and paths, waters, pools and streams, pastures and grazings, mills, multures and their consequents, fowling, hunting, fisheries, peat mosses, turf beds, coals, coal workings, rabbits, warrens, pigeons, dovecots, workshops, breweries, brewhouses, and whins, woods, thickets, wood and timber, stoneworkings, stone and lime, with courts and their outcomes, heritage payments, bloodwit and marriage of women, with common pasture and free entry and exit, with furca et fossa, soke and sak, toll and theame, wrack and wair and venison, infangthief and outfangthief, pit and gallows, and with, all and singly, their other liberties, advantages, profits, easements and just pertinents, whether named or not, under or over ground, far and near, relating or capable of relating to the foresaid lands and barony and their pertinents in any way in the future, freely, quietly, fully, completely, honourably, well and in peace, without any revocation, contradiction, impediment or obstacle. In return, annually our said councillor and his foresaid male heirs and assignees shall render to us and our successors, for, all and complete, the said barony and lordship of Newbattle, the forenamed lands complete with teinds, tenements, annualrents, salt pans, advocations and donations of the said parish churches, rectories and vicarages of the same, and others specifically mentioned above, with tenants, tenancies and services of freeholders, annex, connex, parts, pendicles and all their pertinents specifically included as has been said, the sum of £300 of the usual currency of our realm by way of blench ferm only, for every other burden, exaction, request, demand or secular service which could justly have been exacted or demanded by anyone in any way, and because we have considered the present state of feu ferm, ferms and dues of the foresaid lands, baronies, tenements and annualrents mentioned above, and having taken diligent recognition of the fact that, regarding these, our said councillor Mark Kerr and his heirs shall be held to pay a great sum for the payment of feus and dues owed annually to the hereditary bailies of the baronies of Newbattle, Crawfordmuir and Monkland, and for the feus of other ordinary services, and also for the collection and gathering of the said ferms and feu ferms of the foresaid lands in various distant parts of our realm, and aware above all that a great part of the same lands lies in parts of the realm that are most exposed to theft, burglary and plunder, and therefore the collection of the said ferms by our said councillor Mark, and his foresaid male heirs and assignees, will be somewhat laborious, dangerous and expensive, and none the less they were at the time of the present infeftment held to make a free payment of the said annual sum to us and to our successors - this sum we accept as a sufficient annual duty for the foresaid lands, not only for the reasons mentioned above, but also because it is certain to us that the above-mentioned lands are at present and for a long time into the future burdened with various payments to be made in respect of the same lands. Besides, we, wishing this present charter of ours and infeftment to be of sufficient value, validity and efficacy for our foresaid councillor and his male heirs and assignees in future, faithfully, on our word as a prince, promise that the same infeftment, in all its points, articles and circumstances, with recognition of the case, shall be ratified and confirmed in our next parliament by the three estates of our realm, in such a way that it may never thereafter be revoked. In testimony of this we have instructed our great seal to be applied. Witnesses were our beloved kinsmen and councillors John, lord Haddington etc. commendator of our monastery of Arbroath, Archibald, earl of Angus, lord Douglas, Dalkeith and Abernethy etc., the most reverend and venerable fathers in Christ Patrick, archbishop of St Andrews, Walter, prior of Blantyre, warden of our privy seal, our beloved familiars and councillors Sir John Maitland of Thirlestane, our secretary, Alexander Hay of Easter Kennet, clerk of our rolls of register and council, Sir Lewis Bellenden of Auchnoull, our justice clerk, and Master Robert Scott, director of our chancellery. At Holyroodhouse on 28 July in the year of the Lord 1587 and in the twentieth of our reign.