[1592/4/161]*[print] [email] [cite] [preceding] [following]
†Forasmuch as by act of secret council made at Edinburgh, 13 August 1586, it was decreed and ordained that the places of Robertland and Aicket should be kept by Robert [Montgomery], master of Eglinton, and his servants in his name, during the time of the rebellion of David Cunningham of Robertland and Alexander Cunningham of Aicket, and further until his majesty should declare his express will in the contrary; and that by the same act, for the better keeping thereof during the said space, there was appointed six persons to be placed within the said place of Robertland, and four persons within the said place of Aicket, to be sustained upon the readiest of the livings of Robertland and Aicket, allowing to every one of them £6 monthly, beginning the first month's payment upon 1 August and so forth to continue during the space foresaid, as the said act of secret council at more length bears; likewise in the parliament held at Edinburgh, 29 July 1587 thereafter, by a special act thereof made and concluded by our sovereign lord and three estates, they ratified and approved the foresaid act and decreet of secret council, and all and sundry points, articles and clauses contained therein; and decreed and ordained the same to be put to further execution in all points after the form and tenor thereof. As also his highness, with advice of the said three estates, by the same act of new willed, declared and ordained the houses and places foresaid to be still retained and kept by the said Robert, master of Eglinton, his friends and servants, to be sustained and kept upon the expenses of the readiest of the livings foresaid by the number of persons contained in the said act of secret council, allowing to every one of them monthly the sum of money mentioned therein, and that until the said David Cunningham of Robertland and Alexander Cunningham of Aicket have abided and underlain the laws for the crimes foresaid, notwithstanding of whatsoever relaxation if any shall happen to be procured in the meantime, or any gift of escheat of liferent of the persons foresaid, or other right granted to whatsoever person or persons in the contrary, as in the said act of parliament at more length is contained; which act of secret council and parliament contains an unaccustomed novelty far above the pains prescribed in such cases by the common law of the country and has not taken the effect that was looked for, but by the contrary has been the occasion of the destruction of the policy of the said place of Aicket, houses, yards, orchards and other growing trees thereabouts, so that the same has been this long time bygone ruinous and laid waste, without door, window, lock, roof, or without any keeper or custodian thereinto, and yet the duties prescribed by the said acts to the keepers have been most rigorously exacted every month, and yet is to the great ruin of the poor tenants dwelling thereupon, who are not due in so much yearly ferm or mail as is extorted by them and of the conjunct fiars and lady tercers thereupon, who by the said acts entirely are defrauded of their said mails and duties under pretence of the said acts, whereof they allege the execution should be preferred absolutely to all other rights of any other persons to have the full effect, and so, under colour of the said acts, manifest wrongs are committed, the policy of the country destroyed and a colour given to evil affected persons to ruin innocent men, and to take up a great living by them for causes that have not followed and are now unable to follow hereafter in respect of the present estate of the said places; therefore his majesty, with advice of the estates of this present parliament, has discharged and by the tenor hereof discharges the said Robert, master of Eglinton, his servants and agents in his name of all further detention and keeping of the place of Aicket, or uplifting of any of the said duties appointed for keeping thereof in the said act of secret council and act of parliament, and whole effect and strength of both the said acts to cease in all time coming as if the same had never been made in so far as the same extends, or may be extended, to the said place of Aicket and uplifting of any duties and rents of the lands and living of Aicket only; and declares that it shall be permissible to Dorothy Ross, lady Aicket, to intromit with, uplift and take up the whole mails, ferms and duties of the said lands and living of Aicket, which are yet in the tenants' hands not intromitted with or uplifted by the said Robert, master of Eglinton, his servants and agents, to be conveyed upon by the said lady as she shall think expedient in time coming, with special provision that the said Dorothy Ross, lady Aicket, before the extracting of this act, grant and subscribe sufficient discharges to Robert, master of Eglinton, his cautioners, assisters and partakers, of their intromission with the said place of Aicket, rents and duties thereof whatsoever intromitted with by the said Robert, master of Eglinton, or any others in his name, and of all his proceedings at any time therein, preceding the date hereof; and also finds sufficient caution acted in the books of council under the pain of 5,000 merks money that her said spouse nor any other committer of the slaughter of the said late earl of Eglinton shall be reset within the said place during the time of their rebellion and lying under the process of horn for the same slaughter.
[1592/4/162]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord the king's majesty, with consent of his estates convened in parliament, understanding that there was an infeftment heritable made, given and granted by his highness of long time past to his well-beloved William Kerr of Cessford, warden of the Middle Marches of this realm, and his heirs heritable, of all and whole the lands and barony of Ormiston, with annexes, connexes, parts, pendicles and pertinents, outsets, tenants, tenancies and service of free tenants, together with the tower, fortalice, mains and fishings of the same, and all their pertinents, lying within the sheriffdom of Roxburgh, and also of all and whole the twenty merk land of Maxton, called Gevandis Lands, lying within the sheriffdom foresaid; and that the same infeftment with all sasines, rights and other titles made to the said William and his foresaids were ratified, approved and confirmed in the parliament held at Edinburgh, 28 November 1581, his majesty's intention and final mind being that the same should stand and remain in full strength, force and effect in all time coming, notwithstanding any pretended right and infeftment made of the said lands to the late James Ormiston and his heirs contained therein, proceeding upon the revocation of the other infeftment made by his highness to the said William of before; therefore his majesty in his parliament held at Linlithgow in the Great Hall of the palace thereof, 10 December 1585, revoked, rescinded, made void and annulled all and whatsoever infeftments, charters, precepts, instruments of sasine, rights, titles and other securities whatsoever made or granted to the said James, his bairns, posterity or friends in whatsoever manner or order, or any other persons whatsoever of the said lands or any part thereof with all and whatsoever following or preceding thereupon at any time since the first right thereof acquired by the said William, which was granted to him upon good and weighty considerations, and for the true and thankful service done by the said William to his majesty at all times and in recompense thereof, and that his majesty since after his perfect age of 25 years complete, made and granted heritable infeftment of all and sundry the lands and barony above-written, with the tower, fortalice, mains, fishings of the same, annexes, connexes, parts, pendicles and pertinents thereof to the said William Kerr in liferent and to Mark Kerr, his second son lawful, and his male heirs lawfully procreated of his body, which failing to return again to the said William and his house of Cessford, and his male heirs whatsoever bearing the arms and surname of Kerr, as in the infeftment made thereupon under the great seal at length is contained. And now his majesty, after his perfect age foresaid and last general revocation, minded and willing expressly that the said William, his son foresaid, and their heirs above-specified, shall in all time coming remain in the full integrity of their heritable right of all and sundry the same lands and barony, with tower, fortalice, mains and fishings thereof, with all their pertinents, with advice of his whole estates in plain parliament, yet as of before, has ratified, approved and confirmed and, by this present act, ratifies, approves and confirms the acts of parliament above-specified in all and sundry points and articles therein contained after the form and tenor thereof, and all and sundry the infeftments, rights, titles and securities whatsoever made to the said William and his heirs of the lands above-written, with their pertinents, either proceeding upon the resignation of the late Captain Robert Anstruther, or otherwise granted in whatsoever manner or order; and specially ratifies, approves and confirms the foresaid infeftment made by his majesty to the said William and Mark, his son, and their heirs foresaid, of the lands above-written; and decrees and declares the same with all that has followed and proceeded thereon, and all other infeftments, rights and titles thereof made to the said William and his heirs in time bygone, to have full strength, force and effect as is contained therein in all time coming, notwithstanding any revocation general or special made by his majesty heretofore, and of the said James Ormiston's infeftment proceeding thereupon, granted either to the said James, his bairns, friends or any other persons foresaid, which his majesty, with advice foresaid, retreats, rescinds, makes void and annuls, and wills and declares that the same shall never have effect in time coming.
[1592/4/163]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and estates of this present parliament supersedes all process at the instance of Sir John Wishart of Pittarrow, knight, against the daughters and heirs of the late James [Stewart], earl of Moray, uncle to our sovereign lord, touching the execution of the decreet obtained before the lords of council and session at the instance of the said Sir John against the daughters and heirs of the said late James for warrandice of the lands of Strathdee and Braemar alienated by the said late James, earl of Moray, to the said late Sir John, and that for the space of two years next after the date hereof, which two years being expired and outrun, our sovereign lord and his said estates find that the said Sir John shall have process for execution of the said decreet according to the law.
[1592/4/164]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, for sundry good and reasonable causes moving his highness, with advice of his estates of parliament, ratifies, approves and, for his highness and his successors, perpetually confirms the charter and infeftment made by his highness after his perfect age of 21 years complete to Sir Walter Ogilvie of Findlater, knight, his male heirs and of tailzie, of all and whole the lands and baronies of Ogilvie and Drumnakeith, advocation, donation and right of patronage of the kirk of Fordyce and pendicles thereof, mills, fishings, privileges, immunities and others at length specified in the said charter, as the same charter of the date 12 February 1590 [1591] at more length purports; and also the tack made by his highness, with consent of [Master Robert Douglas, provost of Lincluden], his collector general, to George [Gordon], earl of Huntly, his heirs and assignees of all and sundry the teind sheaves and other teinds of the said kirk of Fordyce, with the pendicles and pertinents, for the space of 19 years after his entry thereto beginning at 15 August 1587, and yearly payment of the sum of £200, together with the assignation made by the said earl to the said Sir Walter and his heirs of the said tack and teinds therein contained and decreet of the lords of council interposed to the said assignation, and all and sundry other heads, articles, passages, conditions and clauses of the said charter, tack and assignation foresaid, as if the same were at length, word by word, inserted in this present act after the form and tenor thereof in all points. And our sovereign lord wills and grants and, with consent foresaid, for his highness and his successors, decrees and ordains that the said infeftment, tack and assignation is and, in all time coming, shall be sufficient and valuable securities and rights to the said Sir Walter, his male heirs and of tailzie, for holding, enjoying and possessing of the said lands, baronies, mills, woods, fishings, advocation, donation and right of patronage of the kirks therein specified, intromitting and taking up of the mails, ferms, profits, duties, teinds and fruits thereof now, and in all time coming, notwithstanding whatsoever acts, constitutions, revocations, special or general, made, or to be made, now after his majesty's lawful and perfect age of 25 years complete; regarding the which, his majesty, for his highness and his successors, dispenses for ever, renouncing by this ratification and transferring all action, right, title and interest, which his highness, his predecessors or successors had, has or may have to the said lands, baronies, kirks and others contained in the said infeftment, tack and assignation, with their pertinents, to and in favour of the said Sir Walter and his heirs foresaid so that he and they may hold, enjoy and possess the same in all time coming, without stop, trouble or impediment to be moved to them therein in any way. Moreover our sovereign lord, with consent of the said estates, decrees and ordains, if need be, new infeftment and security to be made by his highness or his successors to the said Sir Walter and his male heirs of the said lands, baronies, mills, fishings, right of patronages and others before mentioned, to be held in such ample form and manner as is contained in the said new infeftment and other securities made to the said Sir Walter and his predecessors thereupon, and to be extended with all clauses needful as appropriate.
[1592/4/165]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and estates of parliament having [seen]† and considered the new infeftment granted by his highness after his perfect age of 21 years complete to Patrick Mowat of Balquholly of the lands and barony of Lescragie, alias Balquholly, with the tower, fortalice thereof and pertinents of the same, together with the lands of Freshwick and others lying in Caithness, with the advocation, donation of the kirk of Cannesbie, tailzie and union contained in the same infeftment, which is of the date at Holyroodhouse, 6 February 1588 [1589]; which infeftment our said sovereign lord and estates foresaid ratify, approve and confirm in all points, articles and conditions thereof after the form and tenor of the same, and decree the said infeftment is to have full force, strength and effect, notwithstanding his highness's late revocation, under the which the same shall be in no way comprehended, but expressly reserved and excepted out of the same.
[1592/4/166]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and his estates of parliament ratify and approve the infeftment made by our sovereign lord to his beloved Andrew Wood of Largo, his heirs and assignees therein specified, of all and whole the lands and barony of Newburn, with the pertinents, with donation of patronages of the same, lying within the sheriffdom of Fife; which infeftment, with all heads, clauses and conditions therein contained, our said sovereign lord, now after his lawful and perfect age of 25 years complete, with advice foresaid, decrees and ordains to stand in full force, strength and effect after the form and tenor thereof and in no way to be comprehended under his highness's revocations, either in general or in special, from the which, and every one of them, our said sovereign lord and estates foresaid have declared and declare the said infeftment to be always excepted.
[1592/4/167]*[print] [email] [cite] [preceding] [following]
†Forasmuch as our sovereign lord, with advice of the lords of his highness's secret council, by special act and ordinance thereof, made upon 21 January 1583 [1584], understanding how profitable the gannets and other fowls which frequent, repair and make nests within the Isle of Bass yearly are to the common welfare of this realm and whole lieges of the same, and how hurtful the slaying and destroying thereof is to the whole subjects of this realm, made and constituted Master George Lauder of the Bass, his heirs and assignees and successor lairds of the Bass, his highness's commissioners, to take and apprehend all and whatsoever person or persons who happen to slay any of the said geese or other kind of fowls and birds, and to administer justice upon them according to the law, likewise at more length is contained in the said act of secret council of the date foresaid; which act, our said sovereign lord, with express advice and consent of the estates of this present parliament, ratify and approve in all points, clauses, articles and conditions therein contained after the form and tenor of the same in all points; and decree and ordain the same to be inserted herein as an act made in this present parliament, and the same to stand as a perpetual law, statute and ordinance, and to be put to due execution against the contraveners thereof in all points perpetually in all time coming, of the which act the tenor follows:
At Holyroodhouse, 21 January 1583 [1584]. Forasmuch as the king's majesty and lords of secret council, understanding that by the special benefit and provision of God the gannets and other profitable fowl that frequent and repair in the Isle of the Bass and have their nests and nutriment therein and bring forth yearly their birds and fowl in great quantity and number, and almost in no other part of this realm, to the great well and commodity of the whole subjects of this realm dwelling next adjacent thereto, so that reason, good order and policy requires that the benefit which God has placed in a realm for the welfare of the whole inhabitants thereof, should not by certain private and envious persons be impeded and destroyed, as in actual fact the inhabitants of the countries of Fife and Angus and other parts of the north lying adjacent to the sea coast, as also the seamen of Fisherrow, Acheson's Haven salt-pans, North Berwick, Dunbar, Skateraw, Eyemouth and other sea towns on the south side of Forth, ceases not presently, likewise they have not ceased these diverse years bygone to slay and destroy the said gannets by casting of nets and hooks with bait and barbs to draw and lure the old gannets to the boats wherein the said persons and mariners are, and then to take and slay the said gannets for no other benefit or commodity of them but for their feathers only, for the said gannets when they depart from the said isle, as they do continually once in the year, are old and lean, unable for any man's meat, as also when they return once in the year home again to the said isle are unable to the nourishment of any person, and so the said old gannets being so yearly slain and destroyed as said is, they are made unable to hatch young birds and geese apt for the nutriment of the subjects of this realm, and will not desist and cease therefrom unless his highness and his council put remedy thereto; for which his majesty, with advice of the said lords of his secret council, for staunching of the like wrong in time coming, has ordained and ordains all skippers and mariners of ships or boats and other persons whatsoever users of such means, engine and invention for destroying and slaying of the said fowl and gannets, to be called and convened before the bailies of Dunbar, or other judges to be deputed by Master George Lauder of the Bass, and his successor lairds of the Bass, which judges the said lords, by this ratification, give them power to make and depute as often as need be, for whom they shall be held to answer, to sit and hold courts within Edinburgh, Dunbar or any other town or place, for taking examination in the said cause, and to call and convene the said persons before the said judges. And if they be found culpable of the said crimes, to discern the contraveners, the fault being proven by reputable witnesses, each one of them in the pain of £20 as often as is necessary, the one half thereof to be employed to his majesty, and payment thereof to his majesty's treasurer in his name to make, and the other half to the said Master George and his successors to apply. And in case the persons whom shall happen to be convened as said is be unable and unwilling to pay the said pecuniary pains, to decree that their persons are to be warded within the place of the Bass or any other part where the said Master George or his said successors shall please, during the space of one year thereafter, upon their own expenses, with full power and commission to the said judges to direct precepts in their own names for calling and convening of the said persons before them, and poinding of the goods and gear of the contraveners for the foresaid sum, as also for summoning of witnesses, each person under the pain of £10, the absents to amerce, adjudge and fine in the said sum; and for the same by their own precepts likewise to poind and distrenzie to be applied as is above-mentioned, clerks, servants, dempsters and all other officers and members of court needful to make, create, substitute and ordain; for which the said laird of the Bass shall be held to answer, and generally all and sundry other things to do, exercise and use, which in the premises and for the execution thereof is necessarily required to be done, firm and stable holding and for to hold all and whatsoever things the said judges shall lawfully do herein, decreeing, ordaining and declaring, by this ratification, that the decreets to be given and pronounced by the said judges shall have the like strength, force and effect for poinding of the goods and gear of the contraveners of this ratification as the decreet of any other judge within this realm. And that letters be directed for intimation and publication hereof by open proclamation at the market crosses of Dundee, Arbroath, Montrose, St Andrews, Crail, Anstruther, Pittenweem, St Monans, Wemyss, Dysart, Kirkcaldy, Kinghorn, Burntisland, Aberdour, Inverkeithing and other sea towns on the north side of Forth, as also in the towns and harbours of South [Queens]ferry, Cramond, Leith, Fisherrow, Salt Pans of Preston, North Berwick, Dunbar, Skateraw, Eyemouth and other places needful, through which none pretend ignorance of the same, and to command and charge all our sovereign lord's lieges to concur, fortify and assist the said judges in the execution of the premises, and to do nor attempt nothing to their hindrance as they, and each one of them, will answer to his majesty upon their obedience and at their utmost charge and peril. Extracted from the books of acts of the privy council of our supreme lord and king etc.
[1592/4/168]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and estates of this present parliament ratify, approve and confirm the charter and infeftment made by his highness to his beloved John Hay of Urie and his male heirs lawfully procreated, or to be procreated, of his body, which failing to his nearest and lawful male heirs bearing the arms and surname of Hay and assignees whatsoever, of all and whole the lands and barony of Crimond, with castle, tower, fortalice, manor place, yards, orchards, pendicles and pertinents thereof following, namely: the lands of Crimond Park, the lands of Blairmormond, the lands of Kairnekunche, the lands of Tullikera, the lands of Crimond Haggillis, with the corn mill thereof, lands of Crimongorth and corn mill of the same, with the pendicle thereof called Loch Hills, lands of Crimonmogate, with the corn mills and waulk mill thereof, and pendicles of the same lands underwritten, namely: the lands of Cairnlob, lands of Chanryhills, lands of Karneschenocht, lands of Blairquhuttoun and lands of Berry Brae, with all muirs, mosses, pasturage, common pastures, lochs and pertinents of the said lands of Crimond Rattray, Crimond Park, Crimonmogate and Tullikera, and with all houses, buildings, mills, mill lands, dovecots, yards, orchards, woods, fishings, parts, outsets, annexes, connexes, tenants, tenancies, services of free tenants, and all parts, pendicles and pertinents of the said lands and barony of Crimond with pendicles and pertinents thereof above-mentioned whatsoever, lying in the said barony of Crimond within the sheriffdom of Aberdeen; together with the advocation, donation and right of patronage of the benefice, parsonage and vicarage of the parish kirk of Crimond, with all kirk lands, teinds, fruits and emoluments pertaining thereto, to be held of our sovereign lord and his successors in a whole and free barony and patronage; together also with the union contained in the said charter and disposition of the ward, relief and marriage owing for the forenamed lands and barony for the sums of money mentioned therein, and all and sundry others points, articles and clauses contained in the said charter and infeftment as the same of the date 3 April 1588, together also with the precept and instrument of sasine following thereupon, according to the tenors thereof in all points.
[1592/4/169]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and his estates of parliament, for sundry good and reasonable causes moving his highness, ratify, approve and, for his highness and his successors, perpetually confirm the charter and infeftment made by his highness after his perfect age of 21 years complete to Alexander Fraser of Philorth, his heirs and assignees, of all and whole the lands and baronies of Philorth, Tipperty, Utile, Scattering, Faithlie, Tyrie Harbour and Port of Faithlie, burgh and barony thereof, with mills, fishings, parts, pendicles and their pertinents, with advocation, donation and rights of the patronages of the kirks therein contained, erection of free barony and burgh of barony, privileges, immunities and others whatsoever specified in the said charter, as the same of the date 9 April 1588 at length purports; and also the tack made by his highness, with consent of [Master Robert Douglas, provost of Lincluden], collector general, to George [Gordon], earl of Huntly, his heirs and assignees, of the teind sheaves and other teinds of the kirk of Rathen for the space of 19 years; together with the assignation made by the said earl to the said Alexander and his heirs of the said tack and right thereof, and all and sundry other heads, articles, passages, conditions and clauses of the said charter, tack and assignation foresaid as if the same were at length, word by word, inserted in this present act after the form and tenors thereof in all points. And our sovereign lord wills and grants and, for his highness and his successors, decrees and ordains that the said infeftment, tack and assignation is and in all time coming shall be sufficient and variable rights and securities to the said Alexander and his foresaids for holding, enjoying and possessing of the said lands, baronies, mills, woods, fishings, advocation, donation and right of patronage of the kirks therein specified, intromitting and taking up of the mails, sums, profits, duties, teinds and fruits of the kirks contained in the said infeftment, tack and assignation now and in all time coming; notwithstanding whatsoever acts, constitutions or revocations special or general made now after his majesty's lawful and perfect age of 25 years complete, regarding the which his majesty, for his highness and his successors, dispenses for ever, renouncing by this ratification and transferring all action, right, title and interest which his highness, his predecessors or successors had, has or may have to the said lands, baronies, kirks and others contained therein with their pertinents to and in favour of the said Alexander and his foresaids, so that he and they may hold, enjoy and possess the same in all time coming, without stop, trouble or impediment to be moved to them therein in any way. Moreover, our said sovereign lord and estates decree and ordain, if need be, new infeftment and security to be made by his highness or his successors to the said Alexander, his heirs and assignees, of the said lands, baronies, mills, fishings, right of patronage and others mentioned before, to be held in such ample form and manner as is contained in the said new infeftment and other securities made to the said Alexander and his predecessors thereupon, and to be extended with all clauses necessary as appropriate.
[1592/4/170]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, for sundry good and reasonable causes and considerations moving his highness, with advice of his estates of parliament, ratifies, approves and, for his highness and his successors, perpetually confirms the two charters and infeftments made by his highness after his perfect age of 21 years, to the late Patrick Cheyne of Esslemont, his male heirs and of tailzie, the one of the said charters, of all and sundry the lands lying within the parish of Tingwall and foudery of Shetland, which the late Master Jerome Cheyne, archdean of Shetland, acquired and conquest from certain persons, extending in the whole to thirty merk land, and of the advocation, donation and right of patronage of the archdeanery of Shetland, as the said charter relating thereto of the date 20 March 1587 [1588] purports; and the other charter, of all and sundry the temporal lands, isles, fishings, mills, multures, outsets and others which pertained of before to the said archdeanery of Shetland, lying within the diocese of Orkney, within the foudery of Orkney and Shetland, as the charter thereof of the date 29 July 1587 bears; and all and sundry other heads, articles, passages, conditions and clauses of the said charters, and either of them, as if the same were at length, word by word, inserted in this present act after the forms and tenors thereof in all points. And our sovereign lord wills and grants and, with consent foresaid, for his highness and his successors, decrees and ordains that the said charters and infeftments is and in all time coming shall be sufficient and valuable rights and securities to Patrick Cheyne, now of Esslemont, son and heir of the said late Patrick, his male heirs and of tailzie for holding, enjoying and possessing of all and sundry the said lands, isles, fishings, mills, multures, advocation, donation and right of patronage, privileges and immunities whatsoever specified in the said charters, and either of them, intromitting with and taking up of the mails, ferms, profits, duties, teinds and fruits thereof now, and in all time coming, notwithstanding whatsoever acts, constitutions, revocations, special or general, made or to be made by his majesty now after his lawful and perfect age of 25 years complete; regarding the which his highness, for his majesty and his successors, dispenses for ever, renouncing by this ratification and transferring all action, right, title, interest and claim which his highness, his predecessors or successors had, has or may have to the said lands, isles, mills, fishings, advocation, donation and right of patronage and others specified in the said charters, and either of them, with their pertinents to and in favour of the said Patrick Cheyne, now of Esslemont, his male heirs and of tailzie, so that he and they may hold, enjoy and possess the same in all time coming, without stop, trouble or impediment to be moved to them therein in any way. Moreover, our said sovereign lord, with consent of the said estates, decrees and ordains, if need be, new infeftment and security to be made by his highness or his successors to the said Patrick Cheyne, now of Esslemont, and his male heirs, of the said lands, mills, isles, fishings, right of patronages and others mentioned before, to be held in such ample form and manner as is contained in the said new infeftments and other securities made to the said late Patrick and his predecessors thereupon, and to be extended with all clauses necessary as appropriate.
[1592/4/171]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and estates of this realm convened at this present parliament, considering that James Boyd of Kipps, for diverse great sums of money, had obtained heritably in feu ferm to him, his heirs and assignees, from the late James, archbishop of Glasgow for the time, all and whole that ruinous and waste tenement of land, back and fore, under and above, with the yard and pertinents thereof then pertaining to the bishops of Glasgow lying within the burgh of Edinburgh on the north side of the High Street thereof, between the tenement of land of the late David Kinloch of the west, the north loch or town wall of the said burgh on the north, the lands and tenement of the late James Henderson on the east, and the High Street of the said burgh on the south parts, to be held of the said late archbishop and his successors for the yearly payment of certain feu ferm and duty specified therein; which infeftment was duly confirmed by his majesty and, by virtue thereof, the said James in peaceable possession of the same; and that after the annexation of temporal lands to the patrimony of the crown and act of dissolution, permitting the same to be set in feu ferm by his majesty, the said James Boyd of Kipps, for his better security, purchased a new infeftment from his highness of the foresaid tenement and whole pertinents thereof, in lawful and due form according to the laws of the realm for the time, to be held of his majesty and his successors for the old feu duty thereof. Likewise also his majesty, in the month of July 1589, not only ratified the first infeftment, but also of new infeft and seised the said James, his heirs and assignees heritably in the same, as in the foresaid infeftments and sasines respectively following thereupon at more length is contained. Likewise also his majesty thereafter, in corroboration of the said James's right of the tenement above-specified, upon 2 August 1591, after his majesty's lawful age of 25 years complete, with the advice of the ordinary officers appointed for that effect, not only of new ratified, approved and confirmed the foresaid infeftments and sasines respectively following thereupon made and granted to the said James Boyd, his heirs and assignees above-mentioned, but also of new gave, granted and in feu ferm heritably conveyed to him and them all and whole the foresaid tenement, back and fore, under and above, with the yard and pertinents, as the infeftment granted thereupon at length bears. And now his majesty and estates foresaid, having due consideration of the premises and of the great sums of money paid and disbursed by the said James in obtaining of the said infeftments and also in the reparation of the said tenement, and being informed of the earnest affection that the said James has fully to repair and build up the foresaid whole waste and decayed tenement to the decoration and policy of the realm which merits an established right, therefore his highness, with advice of the estates of parliament, has ratified, approved and confirmed and, by the tenor hereof, for his majesty and his successors, ratifies, approves and perpetually confirms the foresaid infeftments respectively of the dates particularly above-written, or of whatsoever other date or dates they be of, in all and sundry points, passages, immunities, privileges, liberties, conditions and circumstances whatsoever contained therein; and decrees and declares that the said infeftments presently are, have been since the first granting thereof and shall be in all time coming, effectual, good, valid and sufficient in themselves to the said James Boyd of Kipps, his heirs and assignees, for the peaceable possessing and enjoying of the tenement and land above-written with the yard and pertinents of the same and every part thereof, with all liberties and privileges contained in the said infeftments perpetually and in all time coming according to the tenors thereof in all points, notwithstanding his majesty's revocation made in this present parliament, or any other laws, acts, statutes or constitutions of this realm made in the contrary and prejudice thereof, under the which the said infeftments nor any of them, nor anything therein contained shall never be comprehended by any manner of way. And further his majesty, with consent of the said estates, wills and grants and also declares, for his highness and his successors foresaid, that this present general ratification and approbation of the infeftments respectively above-written and sasines following thereupon shall be of as great strength, efficacy, force and effect in all respects and conditions as if the same were at length and word by word engrossed herein.
[1592/4/172]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and estates of this present parliament, having seen and considered the infeftment made by his majesty after his perfect age of 21 years to his beloved Gavin Hamilton of Raploch, his heirs and assignees, of all and whole the lands, annualrents and others underwritten: they are to say, of the forty shilling land of old extent of Cummer Head; the lands of Kittymuir Easter and Wester, and Cordlett, lying within the sheriffdom of Lanark; the lands of Borneis, Kilbowies Easter and Wester, lying within the sheriffdom of Dunbarton; the five merk land of Granis, lying within the bailiary of Cunninghame and sheriffdom of Renfrew; the lands of Potie with mill and pertinents of the same, lying within the regality of St Andrews and stewartry of Strathearn; the lands of the two Collennoquheis and Holton and Casseldewglie, with the mill thereof, lying within the sheriffdom of Kinross-shire, with all and sundry parts, pendicles and pertinents; and also of all and whole an annualrent of 16 bolls of meal, four bolls of barley, 198 stones of cheese, seven heifers, to be paid yearly by the possessors of the lands of Auchintibber, Overland, Auchenmade, with the pertinents, lying within the bailiary of Cunninghame and sheriffdom of Ayr; and also of all and whole Craigmilne with astricted multures with the pertinents, lying within the said bailiary as in the said infeftment at more length is contained. And therefore, our said sovereign lord and his said estates in parliament, for his highness and his successors, have confirmed, ratified and approved the said infeftment of all and sundry the lands, mills, annualrents and others particularly therein expressed to the said Gavin, his heirs and assignees foresaid; and decree and ordain the same to stand in full force, strength and effect to them in all points, heads, articles and clauses thereof according to the tenor of the same.
[1592/4/173]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and his estates of parliament have ratified and approved and, for our said sovereign lord and his successors, ratify, approve and confirm the gift and disposition made by our said sovereign lord under his highness's privy seal of the date [...] day of [...] 1580, to his beloved Nicol Cairncross, son lawful to Nicol Cairncross of Calfhill, of a yearly pension of 200 merks money of this realm, to be uplifted yearly during his lifetime out of the readiest mails, ferms, profits and duties of the lands of Stobo and Eddleston, or any part thereof, due to our said sovereign lord; together with all decreets, sentences and letters passed thereupon in all and sundry clauses, heads, conditions and circumstances thereof.
[1592/4/174]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and his estates of parliament, having seen and considered the letter of pension granted by his highness after his lawful and perfect age of 21 years complete, to his highness's beloved John Murray, son lawful to the late Patrick Murray of Tibbermuir, and James Murray, his son, the longest liver of the two, for all their lifetimes, of the feu mails and duties of the lands of Meikle and Little Tulnolwm, sometime pertaining to the friars Carmelites of Perth; and of the feu mails and duties of the lands of Cairprone, Cluthebeg, Tibbermore and certain others specified in the said gift. And finding the same given for good causes and considerations, therefore our said sovereign lord and his said estates of parliament, have ratified and approved and, by this ratification, for his highness and his successors, ratify, approve and perpetually confirm the foresaid letter of pension, with all and whatsoever decreets and sentences following thereupon, in all and sundry points, articles and clauses thereof; and will and grant, decree and declare that the said ratification in this general form shall be as sufficient as if the said letter of gift were at length inserted in this ratification; and also decree and declare that the said letter of pension shall be good, valid and sufficient to the said John Murray and his said son for possessing, enjoying and uplifting of the said feu mails and duties therein contained during all the days of their lifetimes, notwithstanding any of our said sovereign lord's revocations, special or general, or any acts, laws, statutes or constitutions made heretofore to the hurt, prejudice or derogation of the said gift in any way; and that this present ratification shall be as valuable as if the said pension had been specially excepted out of the said revocations.