[1592/4/176]*[print] [email] [cite] [preceding] [following]
†Forasmuch as our sovereign lord and estates of this present parliament understand perfectly that Walter Scott of Tushielaw and his predecessors have been old and kindly possessors and feu rentalers past memory of man, of all and sundry the lands of Tushielaw, with the mill and multures of the same, the lands of Cowillaw and Gamescleuch, lying within the lordship of Ettrick Forest and sheriffdom of Selkirk, as the feu rentals authentically subscribed and made thereupon, shown and produced before the said estates of parliament, in themselves at more length purport; in consideration whereof, his highness, after his perfect age of 25 years, with advice of his majesty's trusty councillor and familiar servant David Seaton of Parbroath, his highness's comptroller, upon 8 March last, gave, granted, and in feu ferm set and conveyed heritably to the said Walter and his male heirs lawfully procreated or to be procreated of his body, which failing to his nearest male heirs and assignees whatsoever, all and sundry the foresaid towns and lands with the mill and multures of the same, together with the houses, buildings, yards, orchards, tofts, crofts, outsets, parts, pendicles, annexes, connexes, dependancies, with all their pertinents, lying as said is, to be held of our sovereign lord and his highness's successors in feu ferm and heritage, for payment of the feu mails mentioned in the said charter, as the same of the date foresaid, granted under the great seal, at more length bears. And to the end that the said Walter, his heirs and assignees foresaid may have the better security of the foresaid lands, mill and others above-specified in time coming, therefore, our said sovereign lord, with advice of the estates foresaid, by the tenor hereof, ratifies, approves and confirms the said feu charter and infeftment granted to the said Walter and his foresaids of the particular lands and others above-written in manner above-rehearsed in all and sundry heads, points, articles, clauses and conditions thereof, which his highness, with advice foresaid, holds as herein specially expressed. And further our said sovereign lord, with advice of the said estates, by the tenor of this ratification, revokes, makes void and annuls all and whatsoever other charters, precepts of sasine, instruments, gifts and dispositions made and granted by his highness himself, his regents or predecessors or any of them to whatsoever person or persons of the forenamed particular lands and others foresaid, or any part or particular town thereof; and declares and decrees the same from the beginning and to be in all time coming null and of no value, force nor effect with all that has followed, or may follow, thereupon.
[1592/4/177]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and the estates of parliament, having presently read, seen and considered the letters obligators made and granted by his majesty's late dearest great-grandfather, King James IV of worthy memory, under his highness's signet and subscription manual, to his beloved familiar servant for the time the late Robert Borthwick, founder of guns, who was father to Francis Borthwick, now portioner of Ballencrieff, of the date at Edinburgh, 18 February 1510 [1511], and of our said late sovereign lord's reign the 23rd year, bearing in effect that our sovereign lord's late dearest great-grandfather above-mentioned, having infeft heritably in feu ferm of before the said late Robert Borthwick in all and whole the half of the mains of his highness's lands of Ballencrieff, with their pertinents, which James Redheugh then occupied, lying within the sheriffdom of Edinburgh and constabulary of Haddington, for yearly payment of six chalders, 12 bolls of wheat, one chalder, 12 bolls of barley and £9 money of this realm; and our sovereign lord's late dearest great-grandfather above-mentioned, then having respect to the said late Robert Borthwick's good and thankful service done to his highness in making and reparation of his highness's artillery, therefore by his letters obligators foresaid was bound and promised faithfully to renew the said infeftment in the next parliament to the said late Robert Borthwick, and to infeft him and his heirs at the said next parliament in the lands above-written heritably to be held of his highness and his successors, kings of Scotland, for yearly payment of one penny money of this realm in name of blench ferm only, and in the meantime, until the said infeftment was made in parliament, with advice and consent of the estates of this realm in the best form that could be devised, our sovereign lord's late dearest great-grandfather foresaid remitted and bestowed by the said letters to the said late Robert Borthwick and his heirs all and sundry the feu ferms of victual and money above-specified due for the said lands, as the forenamed letters obligators of the date above-specified, produced and presented in this present parliament by the said Francis Borthwick and John Borthwick, his son, to the effect written below at more length purports, which our sovereign lord and estates above-mentioned find and declare to be true and authentic, not increased, spoiled or cancelled in any sort, and that the causes therein contained, being sufficiently tried and considered by them, are presently found and proven to be of verity and to have tended to the advancement of our said late sovereign lord's honour and to the common welfare of this realm. And herewith his majesty and estates above-mentioned, having consideration that his said late dearest great-grandfather deceased from this present life in the field of Flodden, before the renewing of the said blench infeftment to the said late Robert and his heirs, and yet notwithstanding thereof, as well the said late Robert in his lifetime as since the said Francis, his son, and the said John, his grandson, respectively, have possessed and enjoyed the said half lands of the mains of Ballencrieff, with the pertinents, by virtue of the said bond and obligation freely, without any payment of feu ferms, mails or duties for that, during the later age of our sovereign lord's late dearest great-grandfather above-nominated, the government of the late John [Stewart], duke of Albany, and all the time of our sovereign lord's late most noble grandfather, King James V, as also during the time of all the governors of this realm since, who, from time to time, by reason of the said obligation, and likewise our sovereign lord's self continually since the acceptance of the regiment in his own person, have discharged to the said Francis Borthwick and his son above-nominated the ferms and duties of the forenamed half lands and mains, and have accepted and confirmed the discharges of the same granted to the said late Robert and his successors as was plainly verified in this parliament by authentic writs produced; in respect whereof, and that men of service, who have well deserved in the common good, shall not be discouraged, seeing the reward of their service frustrated by taking away the fruit thereof from their posterity, therefore, and for sundry other good causes and considerations, our said sovereign lord, now after his perfect age of 25 years complete and all his revocations, special or general, and also the estates of parliament foresaid, have ratified, approved and, by the tenor hereof, ratify, approve and perpetually confirm the forenamed letters obligators made by our sovereign lord's late dearest great-grandfather above-mentioned to the said late Robert Borthwick of the date and content above-expressed; and find, decree and declare the same to have been from the beginning, and to be now and in all time coming a sufficient discharge and exoneration, as well to the said late Robert Borthwick as to the said Francis and John Borthwick, his son, their heirs and successors; of all and sundry the feu ferms and duties above-mentioned of the said half lands and mains, with their pertinents whatsoever that might or may be claimed thereof, as well of all years and terms bygone as to come since the date of the forenamed letters obligators; and to that effect ordain the same to be inserted and registered in this present act and books of parliament, of the which the tenor follows: James, by the grace of God, king of Scots, to our treasurer, comptroller and all and sundry chamberlains, receivers and their deputes, and to others of our officers, lieges and subjects whom it pertains whose knowledge these our letters shall come, greeting. Forasmuch as we have infeft heritably in feu ferm our beloved familiar servant Robert Borthwick, founder of guns, in all and whole the half of the mains of our lands of Ballencrieff, with their pertinents, which James Redheugh now occupies, lying within our sheriffdom of Edinburgh and constabulary of Haddington, for six chalders, 12 bolls of wheat, one chalder, 12 bolls of barley, £9 usual money of our realm, yearly to be paid to us in name of feu ferm, which infeftment we tend God willing at our next parliament to renew; and promise faithfully to the said Robert, for his good and thankful service done to us in making and reparation of our artillery, to infeft the said Robert and his heirs at the said next parliament in the lands above-written heritably to be held of us and our successors, kings of Scotland, in free blench ferm for one penny usual money of Scotland only. And in the meantime, until the said infeftment be made in our said parliament, with advice and consent of the estates of this realm in the best form that can be devised, we remit and forgive by this ratification the said Robert and his heirs the foresaid six chalders, 12 bolls of wheat, one chalder, 12 bolls of barley, £9 yearly, for the feu ferms of the said lands owing to us as said is, charging for this you, all and sundry our officers, lieges and subjects foresaid that none of you take upon hand to poind, distrenzie or in any way pursue the said Robert or his heirs for any part of payment of the foresaid victual and money of feu in any time to come; discharging you and each one of you of your offices in that part by this our letter, by the tenor of the which we charge our auditors of our exchequer to make thankful allowance to you yearly in your accounts under all highest pain and charge that after may follow, given [under]† our signet at Edinburgh, 18 February 1510 [1511], and of our reign the 23rd year. It is thus subscribed, James Rex. Moreover, for the causes above-rehearsed and namely for fulfilling of our said sovereign lord's late great-grandfather's promise contained in the forenamed letters obligators, which his majesty as successor to him is astricted to perform, our said sovereign lord and estates of this present parliament ordain a new charter and infeftment to be made under his highness's great seal in due and ample form, giving, granting and conveying, likewise his majesty, with advice and consent of the estates above-mentioned, by the tenor hereof, gives, grants and conveys to the said John Borthwick, eldest lawful son to the said Francis, and his male heirs lawfully procreated or to be procreated between him and Janet Heriot, his spouse, which failing to the nearest and lawful male heirs of the said John whatsoever bearing the arms and surname of Borthwick heritably, all and whole the foresaid half of all and sundry the said mains of Ballencrieff, with their pertinents, now and of before occupied by the said Francis and John, his son, with the mill of the same built thereupon, multures and sequels thereof, together with the mansions, yards, dovecots and meadows of the said half of the mains above-written and all their pertinents lying as said is, to be held of our sovereign lord and his successors in fee and heritage forever by all right, marches and devices etc. for yearly payment to our said sovereign lord and his successors of one penny money of this realm at the feast of Whitsunday [May/June] in name of blench ferm, if it be asked only, saving always, reserving and conveying to the said Francis Borthwick the free tenement and liferent of the east half of the mains above-written with their pertinents, together with the principal mansion, yard and dovecot of the same, and half of the open meadow lying in the west part of the said mains, and of the forenamed mill of the same with two mill acres adjacent thereto, for all the days of the said Francis Borthwick's lifetime, to be held in manner foresaid, for yearly payment of one penny in name of blench ferm thereof; and also reserving and conveying to the said Janet Heriot, her liferent, of all and whole the west half of the said half mains of Ballencrieff, with the houses, yards and pertinents thereof, for all the days of her lifetime, to be held as said is for yearly payment of one penny in name of blench ferm only. And for the causes and to the effect above-written, our sovereign lord and estates above-mentioned have dissolved and, by the tenor hereof, dissolve all and whole the said half of the forenamed mains of Ballencrieff, with the mill, pertinents and others thereof above-specified, from the patrimony of his highness's crown and from all annexation made of the same thereto in any times bygone, to the effect the same may be alienated and conveyed to the said John Borthwick and his foresaids in manner above-written, appointed to be contained in the said new infeftment, providing always that the said Francis and John Borthwick content and pay all arrears resting owed to his highness's comptroller for the said lands of all years and terms bygone specially assigned by the said comptroller to his majesty's officers and servants.
[1592/4/178]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and his estates of parliament have seen and considered the pension granted by John Stewart, son lawful to Francis [Stewart], sometime earl of Bothwell, commendator of Kelso, by advice and consent of our said sovereign lord, of his said father, of the administrator and steward of the said abbey and of certain others, to Sir Alexander Home of Snuke, knight, sometime commendator of the priory of Coldingham, for all the days of his lifetime, of 25 chalders of victual, which is assigned to be paid to him of certain particular parts of the patrimony of the said abbey, and to the late Alexander Home of Manderston and the said Sir Alexander, and the longest liver of the two successively during their lifetimes, of a yearly pension of all and sundry the teind sheaves of all and whole their lands, special and general, contained in their said gift lying within the barony of Coldingham, which pensions were granted and given to the said late Alexander and the said Sir Alexander in satisfaction of the said Sir Alexander's right and title which he had to the said abbacy and benefice of Coldingham and compensation for the causes specified in the decreet arbitral given relating thereto, and submitted to the decision of our said sovereign lord, who, by his highness's decreet arbitral, adjudged the right and title of the said benefice to the said Francis, sometime earl of Bothwell, he making sufficient security to the said Sir Alexander of the said yearly pension of 25 chalders of victual, by the which it may be clearly understood that the said pensions are a burden that necessarily may lie upon the said benefice as justly and lawfully granted for the causes foresaid; and therefore, our said sovereign lord and his estates in parliament have ratified and approved the said letters of pension in all points, clauses and articles thereof, and the said ratification in this general form to be as sufficient as if the said letter were at length inserted in this ratification. And further our said sovereign lord, with advice of his said estates, for his highness and his successors, declares and decrees that the foresaid title of the said pensions granted to the said Sir Alexander as said is shall be a full right to him for possessing of the said pensions during all the days of his lifetime, notwithstanding whatsoever process of forfeiture led or to be led against the said Francis, sometime earl of Bothwell, or whatsoever sentence or judgement to be given against the inability of his heirs and posterity, and specially against the said John Stewart, commendator foresaid, that they shall possess no lands, heritages, rooms, benefices nor possessions within this realm, and notwithstanding whatsoever other reason that may be opposed in the contrary. And also our said sovereign lord and estates in parliament declare, by this ratification, that the said pension shall be reserved, likewise they reserve the same in the provision of whatsoever person that shall be hereafter provided thereto; and this present reservation to be as sufficient as if the same were contained in the said provisions.
[1592/4/179]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and estates of parliament have ratified and approved and, by this ratification, our said sovereign lord, for his highness and his successors, ratifies, approves and perpetually confirms the charter and infeftment granted by our said sovereign lord to his highness's beloved John Home of Slegden, his heirs and assignees, of the heritable gift of all and whole the lands called Easter and Wester Plewlands, with their pertinents, lying within the sheriffdom of Berwick, with the sasine and all that has followed thereupon, in all and sundry points, clauses, articles and conditions thereof; and decrees and declares that the same infeftment shall be a full right to the said John and his foresaids for possessing and enjoying of the said lands according to the tenor thereof.
[1592/4/180]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and estates of this realm ratify and approve the charter and infeftment made by his highness after his perfect age of 25 years to his beloved Thomas Menzies, son and apparent heir to Master Thomas Menzies of Durn, and his heirs specified and expressed in the said infeftment, of all and sundry the lands of the Kirkton of Fordyce, Hallyards and Petchedlie, with the land called Cuikis Croft, also called Little Braighauche, with the piece land adjacent thereto, the bishop's muir with the sturdy muir, tofts, crofts, houses, yards and buildings, with privilege of burgh of barony in the said town of Fordyce, with the teinds of the same lands included and others specified and contained in the said infeftment, which is of the date 29 April 1592, in all points, articles, clauses, conditions, privileges and provisions therein mentioned; declaring the same with the sasine following thereupon to be good and sufficient rights, titles and securities to the said Thomas and his heirs specified in the said infeftment, for possessing and enjoying of the said lands, towns and teinds therein contained and other privileges at length specified therein, notwithstanding of his highness's revocation made after his age of 25 years and act of parliament interposed thereto, or whatsoever other his grace's revocations bygone or to come; and therefore his highness and estates foresaid except and reserve the said infeftment out of the same revocation, declaring the same to be in no way comprehended therein, nor yet to be subject to any other of his highness's revocations, general or special, bygone or to come. And further, his majesty, with advice of his said estates and whole body of this present parliament, wills and grants and also decrees and ordains, for his highness and his successors, that this present general ratification and approbation of the infeftment above-written and sasine following thereupon shall be of as great strength, efficacy, force and effect in all respects and conditions as if the same were at length, word by word engrossed herein.
[1592/4/181]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and estates of parliament have ratified and approved and, by this legislation, ratify and approve and perpetually confirm, for his highness and his successors, the charter and infeftment granted by his highness under the great seal to his beloved George Hamilton in Preston, his heirs and assignees, of the heritable gift of all and whole the lands of Rollandstoun, with their pertinents, lying within the sheriffdom of Berwick, as fallen and become in his majesty's hands, not only by the forfeiture of James [Stewart], sometime earl of Bothwell, but also by the forfeiture of Francis [Stewart], sometime earl of Bothwell, and certain other causes specified in the said infeftment as the same bears, with the precept, sasine and all that has followed thereupon in all and sundry points, clauses and articles thereof; and will, decree and declare that the said infeftment shall be good, valid and sufficient, notwithstanding whatsoever act or statute made which may tend to the prejudice and derogation thereof in any way.
[1592/4/182]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and estates of this realm assembled at this present parliament, understanding that his majesty, after his age of 21 years and making of the act of annexation of the temporal lands of all prelacies within this realm to the patrimony of his highness's crown, and dissolution therein concluded with advice and consent of John [Maitland], lord Thirlestane, chancellor of this realm, Thomas [Lyon of Baldukie], master of Glamis, treasurer, the late Sir Lewis Bellenden of Auchnoull, knight, justice clerk, and Master Robert Douglas, provost of Lincluden, collector general to his highness, by his charter and infeftment under the great seal of the date at Holyroodhouse, 1 November 1587, set in feu ferm heritably to the late Sir William Stewart, knight, son lawful to the late Andrew [Stewart], lord Stewart of Ochiltree, his heirs and assignees whatsoever, all and whole the lands and barony of Carstairs underwritten, extending to a forty eight pound land of old extent, with the mill of the same, with parts, pendicles, annexes, connexes, tenants, tenancies, service of free tenants, advocation, donation and right of patronage of benefices of the same, together with the office of bailiary of the foresaid lands and barony and all fees and duties pertaining thereto; likewise his majesty thereafter, upon the said late Sir William's resignation thereof, duly and lawfully made in his hands before his decease in favour of the persons underwritten for great sums of money paid by them for that to the said late Sir William by his charter and infeftment under the great seal, of the date at Holyroodhouse, 29 July 1588, with advice foresaid, infeft and seised James Hamilton of Liberton and Christian Boyd, his spouse, the longest liver of the two in conjunct fee or liferent, during all the days of their lifetimes, and James Hamilton, their eldest son and apparent heir, and his male heirs lawfully to be procreated of his body, which failing to Thomas Hamilton, also their lawful son, and his male heirs lawfully to be procreated of his body, which all failing, to the nearest and lawful male heirs and of tailzie of the said James Hamilton, elder, specified and contained in his new infeftment and charter of tailzie of his lands and lordship of Avondale and assignees whatsoever, of all and whole the foresaid lands and barony of Carstairs, with the mill, office of bailiary and other parts and pertinents of the same above-written, specified in the said infeftment, bearing a new gift and disposition therein of the said lands and barony with the pertinents of the same above-rehearsed, with advocation, donation and right of patronage of the parsonage and vicarage of the parish kirk of Carstairs with the chaplainry called [...] pertaining thereto, and office of bailiary above-specified, and all their pertinents, to be held of his majesty and his successors in feu ferm, for payment of the feu ferm and duty mentioned in the said infeftment. And likewise his highness since, for a large sum of money paid to his highness and his treasurer foresaid, by another infeftment made by his majesty with advice of the said councillors and present officers of the estate, after his age of 25 years complete, passed under the great seal of the date at Holyroodhouse, 10 November 1591, not only ratified the foresaid infeftment of feu ferm, made and granted by his highness with advice foresaid to the said James Hamilton of Liberton and Christian Boyd, his spouse, in liferent, and to the said James Hamilton, their son and apparent heir, his male heirs and of tailzie and assignees above-written in fee heritably, of all and whole the foresaid lands and barony of Carstairs, with the mill of the same, advocation, donation and right of patronage of the benefices thereof, together with the office of bailiary of the said barony, and other parts, pendicles and pertinents of the same above-rehearsed, but also thereby of new gave, granted and conveyed, infeft and seised the said James Hamilton of Liberton and Christian Boyd, his spouse, in liferent, and the said James Hamilton, their son and apparent heir, and his male heirs, of tailzie and assignees foresaid in fee heritably, in all and whole the said lands and barony of Carstairs, with the manor place, mill, mill lands, multures and sucken of the said whole lands and barony, advocation, donation and right of patronage of the parsonage and vicarage of the said parish kirk of Carstairs and vicar lands thereof, with the chaplainry, called [...] pertaining thereto, together with the office of bailiary foresaid and all fees and duties belonging thereto, tenants, tenancies and service of free tenants thereof, and all their pertinents, to be held of his majesty and his successors in feu ferm heritably, for payment of the feu ferm and duty therein contained as the foresaid three infeftments under the great seal and sasines following thereupon at more length purport. And now his majesty and estates foresaid, having due consideration of the premises and of the great sums of money, as well paid by the said James Hamilton of Liberton to the said late Sir William Stewart for the foresaid lands and barony, with the pertinents foresaid, as to his highness and his treasurer in his name, for receiving of the resignation, granting of confirmation and making of new disposition of the same to him and his said spouse in liferent, their son foresaid, his male heirs, of tailzie and assignees in feu ferm and fee heritably, and therewithal, considering that his majesty nor his successors are by granting of the foresaid infeftments not diminished, nor impaired in their patrimony nor profit, but rather are thereby augmented, as also his highness respecting the good, true and thankful service done to his majesty and his most noble progenitors by the said James and his predecessors to the advancement of his majesty's honour, well and decoration of the realm, his highness, therefore, with advice of the said estates of parliament, has ratified and approved and, by the tenor hereof, ratifies, approves and, for his majesty and his successors, perpetually confirms the foresaid infeftments respectively above-written of the dates particularly above-specified, or of whatsoever other date or dates they be of, in all and sundry points, passages, articles, clauses, 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, valid, good and sufficient in themselves to the said James Hamilton of Liberton and Christian Boyd, his spouse, the longer liver of the two during all the days of their lifetimes, and after their deaths to the said James Hamilton, their son and apparent heir, his male heirs, of tailzie and assignees above-written in fee heritably, for peaceable possessing and enjoying of the foresaid lands and barony of Carstairs, with the manor place, mill, mill lands, multures and sucken of the said whole barony, advocation, donation and right of patronage of the parsonage and vicarage of the foresaid parish kirk of Carstairs, with the chaplainry above-specified pertaining thereto, and vicar lands of the same above-mentioned; together with the office of bailiary of the foresaid barony and all fees and duties thereto appertaining, with tenants, tenancies, service of free tenants thereof, and all their parts, pendicles and pertinents thereof above-rehearsed, and every part of the same, with all liberties and privileges contained in the said infeftments, and each one of them 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 to be made in any time hereafter, or any others of his highness's acts, laws, statutes or constitutions, general or special, made of before in the contrary or 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 decrees and ordains, for his majesty 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 efficacy, force, strength and effect in all respects and conditions as if the same were at length and word by word engrossed herein.
[1592/4/183]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and estates of parliament, having seen and ripely considered the letters of pension granted at the desire of the late Sir John Home of Cowdenknowes, knight, in recompense of his service in the long war against England, and of the great hardships which he sustained through occasion thereof, from our sovereign lord's late dearest grandmother out of the fruits of the abbacy of Kelso, then vacant, to William Home, elder, his lawful son, which pension was conveyed thereafter to the said William for all the days of his lifetime by provision out of the court of Rome, with consent of the entrant, whereof he has been in possession continually since; and also our said sovereign lord and his said estates in parliament have seen and considered the tack and assedation set by the commendator of Kelso for the time, with consent of the convent of the same, to the said William Home and George Home, his son, for all the days of their lifetimes and the longest liver of the two, and to an heir succeeding to the said longest liver for the space of nineteen years, of all and whole the teinds, fruits and emoluments of the parish kirk of Gordon, parsonage and vicarage thereof, for the yearly payment of certain victual or prices thereof, liquidated in the said assedation extending yearly to the sum of 300 merks, which is deducted to the said William by the said assedation for payment and satisfaction to him of the said yearly pension; and further, our said sovereign lord and his said estates, having seen and considered an infeftment made to the said William, his heirs and assignees by the said commendator and convent of Kelso of all and whole the kirkland of Gordon, with the pertinents, for a yearly feu mail and duty contained in the same, which pension, assedation and infeftment his majesty and his estates foresaid have found and declared and, by the tenor of this ratification, find and declare to have been and to be duly and lawfully made in all points and circumstances thereof; and therefore, his majesty and his said estates decree and ordain that the same shall remain and abide in full force, strength and effect to the said William, George, his son, and their heirs and assignees therein contained after the form and tenor thereof in all points; likewise his highness and estates foresaid decree, declare and ordain that the process of forfeiture led, or to be led, against Francis [Stewart], sometime earl of Bothwell, and commendator of the said abbey of Kelso, or whatsoever sentence or judgement shall be given against the inability of his posterity, shall in no way touch the pension, assedation and infeftment foresaid, neither shall the person who shall happen to be provided to the said abbacy or whatsoever other to be heard to quarrel the same for whatsoever cause, but whosoever shall be provided to the said abbacy shall, at his entry thereto, be astricted to ratify and approve the same as if they were a special condition and special clause contained in his provision to do the same.
[1592/4/184]*[print] [email] [cite] [preceding] [following]
†Forasmuch as the parsonage and vicarage of the kirk of Drymen, which is a part of the patrimony of the archbishopric of Glasgow, has pertained in tack and assedation to John Shaw of Broich and his predecessors as kindly tenants thereof these many years past, for renewing of the which tacks, from time to time, the said John Shaw has disbursed great sums of money, and specially in the time of James Beaton, sometime archbishop of Glasgow, thereafter in the time of Master James Boyd, who was provided to the said archbishopric by the process of barratry led against his said predecessor; which assedations, because they might have been questioned by the restitution of the said Archbishop James Beaton against the said process of barratry led against him, which restitution remained not long effectual in his person by reason he failed in giving the confession of his faith and acknowledging of our sovereign lord's authority as was ordained by the said restitution, and therefore the see of Glasgow then vacant, the said John Shaw obtained a new tack and assedation made by our sovereign lord, with advice of the great dean, vicar general and chapter of the metropolitan kirk of Glasgow, set to him, his heirs, executors and assignees of the fruits, teinds, rents and emoluments of the said kirk of Drymen, parsonage and vicarage thereof, for the space of 19 years beginning at the crop and year of God 1589, for payment of the old duty contained in the said John's former tack set by the late Master James Boyd, and rental used; which tacks set by the said late Master James Boyd, as also the tack and assedation set by his majesty with consent of the dean and chapter during vacancy of the see, our sovereign lord and estates of this present parliament, having seen and considered, find the same justly and lawfully granted by the said late Master James Boyd, and by our said sovereign lord, the see of Glasgow then vacant, with advice foresaid, to the said John Shaw, his heirs and assignees foresaid, and that the same is, has been and shall be sufficient right and title to the said John and his foresaids for possessing of the fruits of the said kirk, parsonage, and vicarage thereof, for the space contained therein; and that in respect of the great yearly duty which he is held to pay for that, extending yearly to 280 merks, in addition to the manse and glebe of the said kirk possessed and reserved to the minister thereat, notwithstanding that it shall happen our said sovereign lord, by his majesty's self, or by advice of the estates of his highness's parliament, at this time or any time hereafter, to dissolve the said parsonage and vicarage from the said archbishopric, or to give and convey the advocation, donation and right of patronage thereof to any other person or persons or to provide a special parson and vicar thereto; which parson and vicar so to be provided shall be held to allow, approve and keep the said tacks bygone and as many years thereof as are to run, and that they nor any others shall ever hereafter be heard to impinge the same, but shall be obliged to renew the said tacks to the said John Shaw of Broich, his heirs and assignees, keeping the substance of the former if the said John think the same expedient.
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†Our sovereign lord, understanding that William Weir of Stonebyres, for the reparation and satisfaction of the slaughter of the late John Weir of Poneill, son lawful to James Weir of Blackwood, and hurting of James Reid, son in law to the said James, to the great effusion of his blood, gave his special bond and obligation, obliging him, his heirs and successors in his lands and heritage in manrent and service to the said James Weir of Blackwood, his chief, his heirs and successors, in his lands and living of Blackwood perpetually in all time coming so long as the house of Blackwood remains and is held by the surname of Weir; and that the said William and his foresaids shall take plain part with the said James and his foresaids in neighbourly conduct, as also take honest, true and plain part with him and his foresaids in all and sundry his and their actions, quarrels, causes and criminal business against whatsoever person or persons so far as lies in their power (our said sovereign lord and abbot of Kelso, his superior, his own proper and popular causes only excepted); and to await and attend upon the said James and his foresaids with their servants and tenants, and come under his pennon in time of foreign or civil wars when the same occurs; and shall never know their hurt or harm in body, goods, lands, gear, fame and others whatsoever, but shall reveal the same to them and stop, hinder and impede the same as their own harm in all time coming from age to age during the space above-specified, as in the bond and obligation granted thereupon of the date at Stonebyres, 30 April 1587, and acted and registered in the books of council, and a decreet of the lords thereof interposed thereto upon 15 August 1589 is at more length contained. And our said sovereign lord, considering that the foresaid bond of manrent is given for a necessary and good cause, namely, for keeping and holding of the parties therein named, being so near in blood, in perpetual quietness in all time coming, therefore his majesty, with advice of the estates of this present parliament and whole body thereof, ratifies and approves and, for his highness and his successors, perpetually confirms the foresaid bond of manrent of service made and granted by the said William Weir of Stonebyres for him, his heirs and successors, to the said James Weir of Blackwood, his heirs and successors, bond and obligation granted thereupon, whole articles, clauses, circumstances and conditions whatsoever specified and contained therein after the form and tenor thereof, and lords' decreet above-specified interposed thereto in all points; and wills and grants and, for his highness and his successors, decrees and ordains that the foresaid bond and obligation and decreet interposed thereto is and shall be sufficient right and title to the said lands of Blackwood and Stonebyres, their successors and posterity for keeping and observing of the same in all time coming, each one for their own parts thereof to others, notwithstanding whatsoever laws, acts or constitutions made of before in the contrary appearing to be derogative hereto, regarding the which and all that may follow thereupon his majesty, for his highness and his successors, dispenses for ever.
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†Forasmuch as our sovereign lord the king's majesty of this realm, for good causes and considerations moving his highness, by his letters under his privy seal upon 10 November 1588, and of his reign the 22nd year, then being determined in parliament of lawful age, gave, granted and conveyed to his beloved Thomas Maitland, uncle to John Maitland of Auchengassel, for all the days of his lifetime, a yearly pension of the sum of 100 merks usual money of this realm, to be taken up yearly out of the teinds, fruits and emoluments of the two part of the spirituality of the bishopric of Galloway and abbacy of Tongland, or any part thereof freely, without payment of any third thereof, at the terms of payment used and wont, where the said Thomas is best pleased to accept the same, the said bishopric and abbacy then vacant in his highness's hands as at more length is contained in the said letters of gift and disposition granted by his highness to the said Thomas Maitland for all the days of his lifetime, thereupon shown and produced to his highness, the said Thomas, by virtue of the which gift, being in possession of the said yearly pension continually since the date of his gift thereof foresaid like he is yet, and having decreets of the lords of session with executorials of horning and poinding thereupon for answering and making payment to him of the same yearly during his lifetime, as the same at length bears; our said sovereign lord, in respect of his good right and title of pension foresaid, and being now of good mind and will that not only the same shall stand in strength and effect to him during his lifetime, but also his highness in this his highness's present parliament after his lawful and perfect age of 25 years complete, general revocation and dissolution made therein, with advice and consent of the estates of this present parliament, has ratified, approved and confirmed and, by the tenor hereof, ratifies, approves and confirms the foresaid gift and disposition of the yearly pension above-written granted to the said Thomas Maitland during his lifetime as said is, and all clauses and contents of the same, with all decreets and executorials that have followed or may follow thereupon according thereto, so that the said gift and disposition of the foresaid pension granted to the said Thomas during his lifetime as said is, shall stand in strength, force and effect to him during the time foresaid by virtue thereof, and this his highness's ratification and approbation thereof made by him in this present parliament, with advice and consent of the estates thereof as said is, and he to be answered and obeyed of the same during his lifetime, with executorials to follow thereupon to that effect without contradiction whatsoever to be made in the contrary thereof in any way in time coming during his lifetime as said is.
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†Our sovereign lord and estates of this present parliament ratify and approve the gift of pension by the late Robert [Crichton], bishop of Dunkeld, with consent of the dean and chapter of the cathedral kirk thereof, to David Crichton, son lawful to Alexander Crichton of Naughton, so far as the same concerns the pension of £60 granted by the said bishop to the said David yearly to be uplifted out of the readiest fruits, rents, teinds, profits and emoluments and best payment of the silver duty of the teinds of the lands and barony of Buncle and Preston lying within the sheriffdom of Berwick during the said David's lifetime, with power to transfer the same, in all or in part, to whatsoever person or persons, as the said gift bears; together with the assignation and translation of the said gift so far as concerns the said pension of £60 yearly to be uplifted of the said teinds, fruits and emoluments of the said lands and barony of Buncle and Preston made by the said David Crichton, with consent and assent of the said Alexander Crichton, his father, tutor, guider and lawful administrator, and also by the said Alexander, taking the burden upon him for the said David, to James Maitland, son lawful to the late James Maitland of Auchengassel, for all the days of his lifetime; and declare that the said gift and assignation shall be sufficient right and title to the said James Maitland for uplifting of the said yearly pension of £60 during all the days of his lifetime, and the same to be as sufficient right and title to him as if he were provided thereto by our sovereign lord or by any other the best way required by the laws of this realm.
[1592/4/188]*[print] [email] [cite] [preceding] [following]
†The king's majesty, after his highness's lawful and perfect age of 25 years complete, with advice of his estates of this present parliament, ratifies, approves and confirms by this ratification the letters of gift of a yearly pension of 200 merks conveyed to his daily servant John Andrew, writer, and assigned to be paid to him out of the readiest of the silver mails of the fishings of the abbacy of Kinloss in all and sundry points, articles and clauses expressed in the said gift; and moreover, for his better security, of new gives and conveys to him the foresaid sum in pension to him during all the days of his lifetime, with power to him, by himself and his servants in his name, to crave, receive and intromit therewith and, if need be, to call and pursue the person or persons which have been accustomed or that are due for payment of the same as appropriate, notwithstanding any of his highness's revocations made in the contrary, which his majesty, with advice of the said estates, declares shall in no way hurt, prejudice nor annul the effect and tenor of this ratification and letters of gift passed to him in manner above-written.
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†Our sovereign lord, with advice of the estates of this present parliament, ratifies, approves and confirms his highness's letters of gift of the yearly pension of meal granted and given to his beloved servant William Wylie, writer, for his lifetime out of the abbacy of Kilwinning, and specially of the gift made to him under the privy seal of the date at Falkland, 24 July 1591, after his majesty's full and perfect age of 25 years complete, containing assignation of the said pension with all clauses, points and articles therein contained, declaring, decreeing and ordaining that the said William shall possess, enjoy and uplift the said pension according to his gifts, decreets and letters already granted or to be granted to him thereupon, notwithstanding whatsoever acts, constitutions or order made in the contrary, or tending in any way to the prejudice of the said gifts; concerning which, his highness, with advice foresaid, dispenses by this present act.
[1592/4/190]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of the estates of this present parliament, ratifies and approves the gift of pension made and granted by the late Esme [Stewart], duke of Lennox, earl of Darnley, lord Tarbolton etc., to Robert Stewart, son to the late Captain James Stewart, for all the days of his lifetime, of 27 bolls of meal and a chalder of barley yearly to be uplifted out of the readiest of the fruits of Arbroath; and which gift and pension our said sovereign lord has of new, since his perfect age of 25 years complete, given, granted and conveyed to the said Robert and Marion Montgomery, his spouse, enduring all the days of their lifetimes in all and sundry points, heads, articles and clauses thereof according to the tenors of the same; of the which pension he is in possession and has the same by consent of John [Hamilton], lord Hamilton, abbot of Arbroath.
[1592/4/191]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of the estates of this present parliament, ratifies, approves and confirms his highness's letter of gift made and granted to Master George Todd, one of the collector deputes, of his yearly fee and pension given to him for his service, with assignation thereof, out of the kirks of Deerness and Shapinsay, assumed in the third of the bishopric of Orkney, as his majesty's letter made to him thereupon at more length bears, with all points, articles and clauses contained therein, decreeing, declaring and ordaining that the said Master George shall hold, enjoy and possess his said salary and pension during his said lifetime according to his said gift, decreet and letters passed thereupon, notwithstanding any acts, letters, constitutions or ordinances made in the contrary, or that in any way may prejudice the said Master George of his said fee and pension; concerning which his highness, with advice foresaid, dispenses by this present act.
[1592/4/192]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and estates of this present parliament, for the good, true and thankful service done to his majesty by his trusty and well-beloved councillor Alexander Hay of Easter Kennet, clerk of our sovereign lord's register, in all his highness's affairs, as well concerning the common estate of the realm as his majesty in particular, ratify, approve and, for his highness and his successors, perpetually confirm the charters and infeftments after-specified made and granted either by his highness, or by the other persons underwritten to the said Alexander or Master John Hay, his eldest son, and the persons after-specified therein mentioned: that is to say, a charter of feu ferm made, given and granted by Francis [Hay], earl of Erroll, with consent of diverse persons therein specified, at whose instance he was interdicted, to the said Alexander Hay of Easter Kennet and Marion Fariss, his spouse, and longest liver of the two in liferent, for all the days of their lifetimes, and to the said Master John, their son, and his male heirs whatsoever, of all and whole the lands of Tillymaud and Bullers of Buchan, with the crag and fishings of the same, and whole contents thereof, lying in the lordship of Slains and sheriffdom of Aberdeen, as the said charter of the date at Stirling, 4 November 1585, at more length bears; together with another charter made by his highness to the said Master John, his male heirs and assignees whatsoever heritably, of all and whole the place or ground whereupon the chapel of the preceptory of St Anthony's stood and was built, with the kirkyard, mansion, houses, buildings, chambers, yards and orchards of the same, and whole pertinents thereof; as also of all and sundry the lands, tenements, annualrents, teind sheaves and other teind fruits particularly specified therein and below, ferms, tenants, tenancies, service of free tenants thereof, with the whole pertinents of the same, and all other commodities which justly pertain to the said preceptory and patrimony thereof, or which the preceptories of the same in any time bygone held or possessed, as the said charter of the date at Dalkeith, 28 March 1591, at more length bears; as also another charter made by Master James Borthwick of Lochhill to the said Alexander, his heirs and assignees of all and whole the kirk lands of the kirk of Hailes, pertaining sometime to the preceptory of St Anthony, with the glebe, manse, houses, buildings, yards and all other pertinents, lying within the sheriffdom of Edinburgh, alienated by the said Master James to the said Alexander for diverse sums of money received by him to be held of Master John Hay, superior thereof, with the said Master John, his confirmation of the said charter; and decree and declare the same to have full effect and strength in all time coming and to be a perpetual right to the foresaid persons for possessing and enjoying of the foresaid lands, annualrents, teind sheaves and others contained in the said infeftments, notwithstanding any acts of parliament or others which in any sort may be prejudicial thereto; concerning which his highness renounces all action and instance competent to his majesty for impinging or quarrelling thereof, or any of them, with an agreement not to petition, and with supplement of all faults as well not named as named, which his highness and estates foresaid will have as expressed in this present act; and to be as sufficient as if the said infeftments were at length engrossed in the same.
[1592/4/193]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, remembering the good, true and thankful service done to his majesty by his beloved Walter Henryson, writer, in diverse affairs committed to his credit, and specially regarding the form and scheme for collection of the rest of the thirds and surplus of benefices, wherein he, with great diligence and excessive pain, sufficiently discharged his honest duty as is commonly known to his majesty and estates of this present parliament; therefore, and for diverse other weighty causes and good considerations foreseen to his highness and estates, now after his perfect age of 25 years complete, general and last revocation of his certain knowledge and proper motive, with advice of the estates of this present parliament, ratifies, approves and perpetually confirms two letters of pension made and granted to the said Walter, by the late Master Thomas Hay, minister at the Cross Kirk of Peebles for the time, the one letter of 41† bolls of victual, and the other of 17 bolls, being the ferms of the lands of East Fortune, lying within the constabulary of Haddington; together with his majesty's two letters of confirmation and ratification of the said pension, containing a special disposition of the said 17 bolls of victual, with a new disposition of the said 16 bolls of victual, as the said letters of pension, confirmation and ratification respectively grant to the said Walter thereupon in themselves at more length purport, in all and sundry heads, points, articles and conditions therein contained; and wills and grants and, by this ratification, decrees and ordains that the said letters of pension, confirmation, ratification and disposition respectively therein contained of the foresaid two pensions, extending in the whole to 33 bolls of victual, shall be as effectual and sufficient in all respects to the said Walter for his peaceable possessing, uplifting and receiving of the said pensions during all the space and years mentioned in the said gifts and confirmation respectively, as if the same were word for word at length inserted in this present act, and as if the said pension of 17 bolls of victual granted by the said late Master Thomas Hay were passed with all consents and solemnities requisite, dispensing with all faults that might be opposed against the same, which shall be as largely extended and interpreted in favour of the said Walter as if the said pensions were by virtue of this ratification conveyed to him; likewise for his greater security thereof, his majesty, with advice foresaid, by this ratification, gives and conveys to the said Walter the said 33 bolls of victual according to the said letters of pension, confirmations and dispositions therein contained in all points; and also for the causes foresaid, his majesty, with advice foresaid, by this ratification, gives and conveys to the said Walter the two friars' portions with the houses, yards, profits and other duties whatsoever pertaining thereto, which pertained of before to the late friars Thomas Smith and John Newton, friars of the said Cross Kirk for the time, as well of all years bygone since their and either of their deaths as yearly in time coming, to be peaceably uplifted and received by the said Walter during his lifetime, with full part to him, also in death, of transferring the aforementioned two pensions and particles respectively to any person or persons to whom it seems best to the said Walter, to the which person or persons this ratification is, and shall be, as valid and effectual during their lifetime as if the said pensions and portions were conveyed to them principally; which disposition and assedation of the said pensions and portions respectively his majesty and his said estates, by this ratification, find, decree and declare to be sufficient right and title to the said Walter and his foresaids for holding and possessing thereof in time coming during the said space respectively, notwithstanding the act of annexation of kirk lands and duties thereof to his highness's crown, or any other act, law or constitution already made in the contrary that may be prejudicial to the same in any point. Concerning which, and with supplement of all faults and defects that may be opposed against the said pensions, confirmations and dispositions therein contained, or yet against this present act, his majesty, with advice of the said estates, for the causes foresaid, by this ratification, dispenses forever; and to the effect above-written, his highness and estates present, by the tenor hereof, dissolve the said pensions and portions from the patrimony of his crown during the said Walter and his assignees, and the longer liver of their lifetimes, only.
[1592/4/194]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and estates of this parliament, understanding perfectly the great troubles and manifold debts wherein his highness's right trusty cousin James, now earl of Moray, is involved and subject to now in his tender and less age through the decease of the late Dame Elizabeth Stewart, countess of Moray, his mother, and the cruel murdering of the late James [Stewart], earl of Moray, who last deceased his father; and knowing also perfectly that many of their evidents, acquittances and writs requisite and necessary for defence of the actions mentioned below were partly burnt in the place of Donibristle the time of the said murder, partly spuilzied and taken away with diverse jewels and costly furnishing after his said late father's slaughter out of the places of Darnaway in Moray and Castle Doune in Menteith, and otherwise dispersed in the country, that the said James, now earl of Moray, nor his friends can have no knowledge where the said writs and evidents are or may be found; and herewith considering that the most part of the said earl of Moray's lands, rents and living have fallen, are and will continue in ward in our sovereign lord's hands and his donators until the said James, now earl of Moray, be of 21 years of age complete, by occasion of the which he will not be able to defend against the said actions, nor to satisfy the great decreets that in default thereof may follow thereupon during his said less age and minority, so that if the said actions be suffered to pass forward and proceed against him before his perfect age above-mentioned, it shall follow, without fail, that the said earl, with his whole living, rents and heritage shall be entirely ruined; for remedy whereof, and since it becomes our sovereign lord to see the said earl with his lands and heritage carefully defended and preserved from such utter decay during the time of the said ward, therefore, and for sundry other weighty causes and considerations very reasonable presently known by his majesty and estates above-mentioned, they, by the tenor hereof, ratify, approve, allow and admit a letter of supersedere given and granted by his majesty under his privy seal of the date at Holyroodhouse, 27 May 1592 instant, superseding and discharging all actions intended or to be intended against the said James, now earl of Moray, as heir to his said late father or mother, or as successor in any manner of way to them, or any others of his predecessors by whatsoever person or persons, for the space of two years after the day and date hereof, in all points, articles, clauses and contents thereof after the form and tenor of the same; which our sovereign lord and estates foresaid decree and ordain to be observed, obeyed and kept in all points during the said space of two years; and all that shall be done or proceeded in the contrary thereof to be null and of no value, likewise they for the more security and causes above-rehearsed of new, by this present act, supersede and discharge all the said actions intended or to be intended against the said James, now earl of Moray, as heir and successor above-rehearsed, or as charged to enter as heir to his said late father and mother, or either of them, or to any of his said predecessors, by whatsoever person or persons and for whatsoever causes or occasions during the said space of two years; and by the tenor hereof inhibit and discharge the lords of session and all commissaries, sheriffs, stewarts, provosts and bailies of burghs, bailies of regalities, other bailies, and all and sundry other judges within this realm, as well spiritual as temporal, of all summoning, arresting or proceeding in any manner of way against the said James, now earl of Moray, as heir or successor above-mentioned, or yet as charged to enter heir as said is, in any of the actions above-mentioned during the space and years above-written, discharging them thereof and of their offices in that part during that same space, notwithstanding of whatsoever acts of parliament, laws, constitutions, practices or decisions made or pronounced in the contrary, with which his majesty, with the estates foresaid, dispenses regarding the premises by the tenor hereof, with certification to all and sundry the said judges that if any of them does or proceeds in the contrary to the tenor of this present act, all that they [do]† therein shall be in that case, and by the tenor hereof is decreed and declared to be null and of no value, and as need be ordain letters of publication and charges for observing hereof under the pain of horning to be directed hereupon in due form as appropriate.
[1592/4/195]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and estates of parliament have advisedly seen and considered all and sundry the infeftments and dispositions of the lordships, baronies, lands and others underwritten made to his right trusty cousin and councillor John, lord Thirlestane, chancellor of this realm, and Dame Jean Fleming, his spouse, respectively, their heirs and successors contained in the same: that is to say, the lordship of Musselburgh lying within the sheriffdom of Edinburgh principal; the lordship of Dunbar lying within the sheriffdom of Edinburgh and constabulary of Haddington; the baronies of Stobo and Eddleston lying within the sheriffdom of Edinburgh principal; the barony of Braidwood lying within the sheriffdom of Lanark, with castles, towers, fortalices, manor places, woods, mills, fishings, feu ferms, coal pits, advocation, donation and right of patronage of kirks, prebendaries, chaplainries and hospitals, tenants, tenancies and service of free tenants, with privilege of free regality, all united and annexed to the said lordship of Musselburgh and regality thereof; the lands and barony of Haddington; the lands of Lethington and West Field, with the castle and fortalice thereof; the lands of Ugston with their pertinents; an annualrent of 100 bolls of victual, half wheat, half barley, out of the lordship of Ballencrieff; an annualrent of 10 chalders of victual out of the lands of Markle and Traprain, all lying within the said sheriffdom of Edinburgh and constabulary of Haddington; the lands, lordship and barony of Thirlestane, with the castle, tower and fortalice thereof, with annexes, connexes, parts, pendicles and pertinents of the same and privilege of regality thereof; the heritable bailiary of Lauderdale, with all fees, duties and casualties pertaining thereto lying within the sheriffdom of Berwick, as the said infeftments in themselves at more length purport; which infeftments are made by our said sovereign lord after his perfect age of 21 years and 25 years complete respectively. And also our said sovereign lord and estates, having seen and considered the assignation made by our said sovereign lord to the said John, lord Thirlestane, his heirs and assignees, of the reversion made by the provost, bailies, council and community of the burgh of Edinburgh to [Mary], his late dearest mother, her heirs and successors, for redemption of the superiority of Leith, which infeftments and dispositions, with the former infeftments and resignations whereupon the same proceeded for the true and thankful service done by the said John, lord Thirlestane to his majesty, as well in the public affairs, attendance upon our said sovereign lord's person and the administration of justice within this realm, as in accompanying his majesty to his journey in Norway and Denmark, which was to him very exorbitant, his highness and estates ratify and approve in all points and circumstances thereof, together with the privileges of the regalities foresaid with the erection of the same, in the honour and estate of a lordship of his highness's parliament, to be so possessed, held and enjoyed with the same estate and honour in all time coming. Moreover, our said sovereign lord and estates, of their certain knowledge have declared and declare that the said infeftments, nor any of them falls, nor shall fall under whatsoever of his highness's revocations made in this present parliament, or at any time preceding the date hereof. And further his majesty, with advice foresaid, ratifies and affirms the resignation whereupon the said infeftment of the said lordship of Musselburgh, whereupon the said John, lord Thirlestane, his original infeftment, proceeded, with the exception of the same lands from the general annexation of the kirk lands to the crown made in the parliament held at Edinburgh, 29 July 1587. Moreover, our said sovereign lord, with advice of his said estates, declares that under the name of the parts, pendicles and pertinents of the lordship of Dunbar are, and shall be, comprehended the profits, duties and emoluments of the commons of the kirks of Dunbar of all years bygone and to come, and that the said John, lord Thirlestane, chancellor of this realm, his heirs and successors, had, and shall have, right and title thereto of all years since the said infeftment and also in time coming.
[1592/4/196]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and estates of this present parliament, now after his majesty's perfect age of 25 years complete, and after all his revocations, both special and general, for the good, true, thankful and honourable services done as well to his highness's self as in the common and public affairs of the realm many and diverse times by his late well-beloved cousin James [Stewart], lord Doune, and his right trusty cousin James [Stewart], earl of Moray, lord Abernethy etc., son and heir to the said late James, lord Doune, as also for great love, favour and affection which his majesty bears to his right trusty cousin James, now earl of Moray, son and apparent heir to the said late earl of Moray that last deceased; and to the effect the said James, now earl of Moray, and his heirs may succeed to hold, enjoy and possess heritably the lands and others underwritten, and likewise for sundry other reasonable causes and considerations moving our sovereign lord and estates foresaid, and namely for the causes specified in the charter and infeftment mentioned below, now wholly read, seen and considered by them, and the same causes above-mentioned, being presently tried and verified sufficiently in parliament, therefore have ratified and approved and, by the tenor hereof, ratify, approve and perpetually confirm the charter and infeftment of feu ferm with the locations, donations and dispositions therein contained, made and granted by our said sovereign lord under his great seal to the said late James, lord Doune, his male heirs and assignees therein designed, of all and whole the lordship and barony of Doune therein erected, of all and sundry the particular towns, lands, mills, multures, woods, fishings, annexes, connexes, tenants, tenancies, service of free tenants, offices and others whatsoever specified in the said charter made thereupon, all lying within the stewartry of Menteith and all erected, united and incorporated in a whole free lordship and barony, called and to be called in all time coming the said lordship of Doune, with sundry other privileges, liberties and commodities specified in the said charter, to be held of our said sovereign lord and his successors in fee heritage, free lordship and barony forever, for yearly payment to them and their comptrollers of the feu ferms, mails and duties respectively specified in the said charter made thereupon, as the same of the date at Holyroodhouse, 6 January 1587 [1588], at more length purports; together with the precept and instrument of sasine following thereupon to the said late James, lord Doune, and also the retour, precept and instrument of sasine following thereupon, passed, given and granted to the said James, late earl of Moray that last deceased, with the act of dissolution mentioned in the said charter whereupon the same proceeded, and whole contents of the same charter and other evidents above-written in all their points, clauses, articles, conditions and circumstances specified therein; and also, by the tenor hereof, ratify, approve and confirm the charter and infeftment made by [Henry Stewart], our sovereign lord's late father, and [Mary], his mother to the late James, earl of Moray, lord Abernethy, first regent to our said sovereign lord and grandfather to the said James, now earl of Moray, late Dame Agnes Keith, his spouse, and to the said late earl's heirs therein designed, of all and whole the lands, lordship and earldom of Moray, containing therein all and sundry the particular lands, mills, multures, woods, fishings, castles, towers, fortalices, annexes, connexes, tenants, tenancies, service of free tenants and others whatsoever specified in the said charter made thereupon, lying within the sheriffdom of Elgin and Forres as that same charter, of the date 1 June 1566, likewise at more length purports; together with the precept and instrument of sasine following thereupon and all other charters, infeftments, retours, precepts and instruments of sasine made, granted, passed and given to the said late James, earl of Moray, regent foresaid, and to the late Dame Elizabeth Stewart, countess of Moray, his lawful daughter, and mother to the said James, now earl of Moray, upon the forenamed lands, lordship and earldom of Moray, with the annexes, connexes and others thereof above-rehearsed, and whole contents of the same in all and sundry their clauses, points, articles and conditions and circumstances specified therein. And our sovereign lord, with the estates of parliament foresaid, have interposed and interpose their decreet and authority to the forenamed charters, infeftments, retours, precepts and instruments of sasine, likewise they find and declare the same to have been from the beginning and to be in all time coming good, valid, sufficient and effectual rights and titles, as well to the said James, now earl of Moray's late predecessors above-nominated and their predecessors foresaid, as likewise to himself, as heir, by progress to them and to his heirs, successors and assignees, for holding, enjoying, using and possessing of all and sundry the forenamed lands, lordships, earldom, baronies and others above-rehearsed, specified in the said infeftments heritably and perpetually after the tenor thereof; notwithstanding of whatsoever acts of annexation, other acts, statutes, constitutions, proclamations and revocations, as well special as general, made heretofore that might or may be interpreted in the contrary, and notwithstanding of whatsoever other defections with which his majesty and estates foresaid dispense forever by this ratification; and find and declare the forenamed charters and infeftments to be held and judged in all time coming as excepted and presently except the same out of all revocations made by our sovereign lord and his predecessors respectively; and ordain the charters above-mentioned to be inserted as need be word by word in this present act, of the which two special charters above-mentioned the tenor follows:
James, by the grace of God, king of Scots, gives greetings to all good men, both clergy and laity, throughout his land. Let it be known that we, after our complete and lawful achievement of the age of 21 years as proclaimed in our parliament, and the dissolution of lands annexed to our crown, for this kind of lease in feu ferm, with the advice of Lord John Seaton [of Barns], knight, comptroller of our rolls of accounts, have given, granted, conveyed and by this present charter of ours confirmed to our beloved kinsman James, lord Doune and Lady Margaret Campbell, his wife, and to either of them surviving the other, in joint infeftment, and to their joint and legitimate male heirs born or to be born, whom failing to any male heirs of our said kinsman James, lord Doune bearing the arms and name of Stewart, whole and complete, the lands of Wester Argaty, the lands of Easter and Wester Frew, whole and complete the five pound land of Milton of Cambus, with the mill and pertinents of the same, whole and complete forty shillings worth of the lands of Calziebohalzie, whole and complete the three pound land of Murdieston and Ballindornik, whole and complete the four merk land of Duart, whole and complete the lands of Greenock, with castles, towers, fortalices, houses, buildings, mills, woods, fisheries, parts, pendicles, annex and connex, tenants, tenancies, services of freeholders of, all and singly, the foresaid lands respectively, with their pertinents, all lying within our stewartry of Menteith. All and singly the forementioned lands with castles, towers, fortalices, mills, woods, and other things mentioned above with their pertinents (except the lands of Greenock with their pertinents) formerly belonged to our foresaid kinsman James, lord Doune and the said Lady Margaret Campbell, his spouse, in joint infeftment held immediately from us, and the foresaid lands of Greenock with their pertinents formerly belonged to the same, held immediately from the bishop of Dunkeld, and now by a transfer of superiority of church lands into our hands and thus annexed to our crown, belong to us by acts of parliament, laws and the customs of our realm; these lands they through their procurators lawfully constituted for this purpose and their letters patent, had on their own initiative rendered into our hands at Holyroodhouse as if into the hands of their superior, and purely and simply, by staff and baston, surrendered them, and all right and claim, property and possession which they had, have or could in any way have over them, and completely renounced them in perpetuity, in return for this new charter of ours and infeftment to them and their foresaid male heirs, to be given and complete in due form under our great seal. Further, we have given, granted and conveyed, and by this present charter of ours confirmed, to our foresaid beloved kinsman James, lord Doune and his legitimate male heirs born or to be born, whom failing to any of his closer male heirs bearing the arms and name of Stewart, whole and complete, the five pound land of Brae of Cambus, whole and complete fifty shillings worth of Balvorist, whole and complete forty shillings worth of the lands of the Wards of Goodie, whole and complete forty shillings worth of the lands of Blairgarie, whole and complete the lands of Coilantogle, whole and complete twenty shillings worth of the lands of Easter Bridgend, whole and complete the two merk land of Easter Bridgend, whole and complete the two merk land of Grodiche, whole and complete the six merk land of Auchinhard, whole and complete the one merk land of Glenmeann, whole and complete twenty shillings worth of the lands of Cambusbeg, all and singly the feu ferms and dues of the lands of Baxtertoun, otherwise known as Boghall, the feu ferms and dues of twenty shillings worth of the lands of Mackrieston, the feu ferms and dues of twenty shillings worth of the lands of Monechstown, the feu ferms and dues of the five merk land of Makcorraustown and of the two merk land of Murdieston and of the mill of Cessintully, with their pertinents, whole and complete the lands of Kerse of Cambus, whole and complete the lordship lands of Doune, commonly called the Mains of Doune, or Doune Campsie, and called Balkerach, with their saltworkings, whole and complete the mill of Doune with its lands, multures and sucken, whole and complete the lands of the Brewlands of Doune, whole and complete the lands of the Parktoun of Doune, whole and complete the office of steward of Menteith, together with the office of warden of our castle of Doune, and with all feus, casual payments and any dues relating to them, together with the guardianship of the forests and woods of Glen Finglas and of other woods, groves and bushes relating to us within our stewartry of Menteith, with the fisheries of the cruives of Doune, together with advocation, donation and the right of patronage of the chapel of St Fillan situated within our church of Doune, and of the chapel of St Fillan situated outside it on the bank of the Water of Teith, with, all and singly, the lands, houses, annualrents, fruits and emoluments relating to them, and also the fisheries of Loch Venachar and Loch Lubnaig and the Waters of Teith and Goodie, together with all castles, towers, fortalices, manors and mills, woods, fisheries, annex and connex, outsets, tenants, tenancies, services of freeholders of, all and singly, the foresaid lands, offices and other things detailed above with their pertinents, all lying within our said stewartry of Menteith. All and singly, the lands just specified, the offices and other things specified above with their pertinents, and with advocation, donation and right of patronage of the forementioned chaplaincies, formerly belonged in heritage to our foresaid kinsman James, lord Doune, and were held by him immediately of us. He through his procurators lawfully constituted for this purpose and his letters patent rendered them into our hands at Holyroodhouse on his own initiative, as if into the hands of their lord superior, purely and simply surrendered by staff and baston, and completely renounced in perpetuity all right and claim, property and possession which he has, had or could in any way have towards them, in return for this our new charter and infeftment which is to be made and completed in the due form in favour of him and his foresaid male heirs, under our great seal. Further, we, after our complete and lawful achievement of the age of 21 years as proclaimed in our parliament, and the forementioned dissolution, now from certain knowledge and from a proper motive, have given, granted and conveyed, and do by the contents of our present charter give, grant and convey, for good, loyal and gracious service to us offered and given to us by our said kinsman, to our foresaid beloved kinsman James, lord Doune and his foresaid male heirs and assignees, all and singly, the foresaid lands and offices, with castles, towers, fortalices, feu ferm, ferms, mills, woods, fisheries, saltworkings, forests, mansions and other things detailed above, with advocation, donation, right of patronage of the forementioned chaplaincies, tenants, tenancies, services of freeholders of, all and singly, the foresaid lands and others mentioned above with their pertinents, together with all right, title, interest, legal claim whether of claimant or possessor, to which, or to any part of which, we or our predecessors or successors had, have or in any way could have or claim to have, or to the taxes, ferms, profits and dues of the same, by means of ward, non-entry, escheat, forfeiture, recognition, purpresture, disavowal, return, reduction of infeftments and sasines, of alienation of the whole or the majority, or for any other cause or event in the past, by making renunciation on behalf or ourselves and our successors in favour of our beloved kinsman James, lord Doune and to his foresaid male heirs, for now and in perpetuity, with an agreement not to claim, and with supplement of all errors whether mentioned or not which we wish to include in our present charter as if expressly stated. Further, we have ratified, approved and for ourselves and our successors in perpetuity confirmed, and by the wording of our present charter do ratify, approve and for ourselves and our successors confirm in perpetuity, all the infeftments, charters, sasines, rights, titles and any dispositions made, given and granted in the past by our late dearest mother and our other predecessors of most noble memory, in favour of our foresaid kinsman James, lord Doune and all his predecessors, and afterwards ratified by us regarding the foresaid lands, offices, castles, towers, fortalices, feu ferm, ferms, mills, woods, fisheries, groves, forests, mansions, and other things specified above, with the said advocation and donation and right of patronage of the chaplaincies mentioned above as appropriate, tenants, tenancies, services of freeholders of the same, with all their pertinents, and regarding the union and annexation of the same into one free lordship and barony more properly to be called the lordship of Doune; these in the said lordship, elevation and by the contents of our present charter we declare did not, nor did any part of them, nor will they ever come under our general revocations, special or general, made in any way at any time in the past during our minority, nor shall they so come or be included; besides we by the contents of our present charter anew and for the foresaid reasons from certain knowledge and for a proper motive, as has been said, have elevated, unified and incorporated and by the contents of our present charter do elevate, unify and incorporate, all and singly, the foresaid lands and offices, together with castles, towers, fortalices, feu ferm, ferms, mills, woods, fisheries, advocation, donation and right of patronage of the above-mentioned chaplaincies, and other things detailed above, namely: whole and complete, the lands of Wester Argaty, the foresaid lands of Easter and Wester Frew, whole and complete the foresaid five pound land of Milton of Cambus, with their mill and pertinents, whole and complete the foresaid forty shillings worth of the lands of Calziebohalzie, whole and complete the foresaid three pound land of Murdieston and Balindornik, whole and complete the foresaid the four merk land of Duart, whole and complete the foresaid lands of Greenock, whole and complete the foresaid five pound land of the Brae of Cambus, whole and complete the foresaid fifty shillings worth of the lands of Balvorist, whole and complete the foresaid forty shillings worth of the lands of the Wards of Goodie, whole and complete the foresaid forty shillings worth of the lands of Blairgarie, whole and complete the foresaid lands of Coilantogle, whole and complete the foresaid twenty shillings worth of the lands of Easter Bridgend, whole and complete the foresaid two merk land of Grodiche, whole and complete the foresaid six merk land of Auchinhard, whole and complete the said one merk land of Glenmane, whole and complete the said twenty shillings worth of the lands of Cambusbeg, all and singly the foresaid ferms, feu ferm and dues of the lands of Baxtertoun, also known as Boghall, the foresaid ferms, feu ferm and dues of the said twenty shillings worth of the lands of Monechstown, the foresaid ferms, feu ferm and dues of twenty shillings worth of the lands of Mackrieston, the foresaid ferms, feu ferm and dues of the said five merk land of Mackeanston, and of the two merk land of Murdieston, and of the said mill of Cessintully, with its pertinents, whole and complete the foresaid lands of Carse of Cambus, whole and complete the foresaid lordship lands commonly called the Mains of Doune or Doune Campsie and called Balkerach, with their saltworkings, whole and complete the foresaid mill of Doune with the mill lands, multures and sucken, whole and complete the foresaid lands of the Brewlands of Doune, whole and complete the lands of the Parktoun of Doune, whole and complete the foresaid office of steward of Menteith, along with the said office of warden of our castle of Doune, and with all feus, and any casual payments and dues relating to them, together with the said wardenship of the forests and woods of Glen Finglas and of other woods, groves and bushes relating to us within our said stewartry of Menteith, with the said fisheries, the cruives of Doune, together with the said advocation, donation and right of patronage of the said chaplaincy of St Fillan situated inside our castle of Doune and the said chaplaincy of St Fillan situated outside it, on the said bank of the Water of Teith, with, all and singly, the lands, houses, annualrents, fruits and emoluments relating to them, and also the said fisheries of Loch Venachar and Loch Lubnaig and of the said Waters of Teith and Goodie, along with all castles, towers, fortalices, manors, mills, woods, fisheries, annex and connex, the outsets, tenants, tenancies, and services of freeholders, of, all and singly, the foresaid lands, offices and other things detailed above together with their pertinents - into one complete free lordship and barony, to be called the lordship of Doune for all time to come; this by giving and granting to our foresaid beloved kinsman as formerly to his foresaid male heirs, the title, honour and status of a free baron, and lord of our parliament, having a vote and right to vote in all our parliaments, councils general and conventions, similarly and as freely as any other lord of parliament had, has or could have at any time in the past or future, and that the said lordship is to be honoured and decorated in symbols and arms as is appropriate, for the future to be called the lordship of Doune, and that our said councillor and his foresaid male heirs shall be called lords of Doune. Likewise we have given, granted and conveyed, and by the contents of our present charter do give, grant and convey to our beloved kinsman James, lord Doune and to his male heirs and successors in the said lordship of Doune, full right of patronage of the said two chaplaincies of St Fillan respectively whenever at any time in the future for any reason they fall vacant, with authority to our said kinsman and to his foresaid male heirs in relation to the retraction, surrender and annulment of any infeftments, feus, leases or other things regarding lands, annualrents, teinds, fruits, profits and emoluments of the said chaplaincies, as is consistent with the law, to call and to prosecute, and thus to restore to their former status. Also we wish and grant, and for ourselves and our successors in perpetuity decree and ordain, that a single sasine shall stand to be considered at the said castle of Doune in favour of our foresaid kinsman James, lord Doune and Lady Margaret, his wife, and for all time to come of his said male heirs, and it shall be a sufficient sasine for the entire said lordship, lands, castles, towers, offices, feu ferm, ferms, mills, woods, fisheries, annex and connex, outsets, tenants, tenancies, services of freeholders of the same, with advocation, donation and right of patronage of the foresaid chaplaincies with each of their pertinents, notwithstanding that they do not lie together and contiguously. On this and in respect of all errors which may follow from it, we by the contents of our present charter, for ourselves and our successors, grant exemption. They are to hold and have, whole and complete, the foresaid lands of Wester Argaty, the foresaid lands of Easter and Wester Frew, whole and complete the five pound land of Milton of Cambus, with their mill and pertinents, whole and complete the foresaid forty shillings worth of the lands of Calziebohalzie, whole and complete the foresaid three pound land of Murdieston and Ballindornik, whole and complete the foresaid four merk land of Duart, whole and complete the foresaid lands of Greenock, with castles, towers, fortalices, houses, buildings, mills, woods, fisheries, parts, pendicles, annex and connex, tenants, tenancies, services of freeholders of, all and singly, the foresaid lands as appropriate with their pertinents, in favour of our foresaid beloved kinsman James, lord Doune, his wife Margaret Campbell, and either of them surviving the other, in joint infeftment, and of the legitimate male heirs born or to be born to them both, whom failing of the nearer male heirs of our said kinsman, bearing the arms and name of Stewart; and also, whole and complete, the foresaid five pound land of the Brae of Cambus, whole and complete the foresaid fifty shillings worth of the lands of Balvorist, whole and complete forty shillings worth of the lands of the Wards of Goodie, whole and complete forty shillings worth of the lands of Blairgarie, whole and complete the foresaid lands of Coilantogle, whole and complete the foresaid twenty shillings worth of the lands of Easter Bridgend, whole and complete the foresaid two merk land of Wester Bridgend, whole and complete the two foresaid merk land of Grodiche, whole and complete the foresaid six merk land of Auchinhard, whole and complete the foresaid merk land of Glenmeann, whole and complete the foresaid twenty shillings worth of the lands of Cambusbeg, all and singly the foresaid feu ferms and dues of the lands of Baxtertoun otherwise known as Boghall, the foresaid lands and feu ferms and dues of the twenty shillings worth of the lands of Mackrieston, the foresaid feu ferms and dues of twenty shillings worth of the lands of Monaschetoun, the foresaid feu ferms and dues of the said five merk land of Mackeanston, and of the two merk land of Murdieston, and of the said mill of Cessintully, with pertinents, whole and complete the foresaid lands of Carse of Cambus, whole and complete the foresaid lordship lands commonly called Mains of Doune or Doun Campsie and called Balkerach, with their saltworkings, whole and complete the foresaid mill of Doune with its mill lands, multures, and sucken, whole and complete the foresaid lands of the Brewland of Doune, whole and complete the foresaid lands of the Parktoun of Doune, whole and complete the foresaid office of steward of Menteith, together with the office of warden of our castle of Doune, and with all feus, casual payments and any dues relating to them, together with the said wardenship of the forests and woods of Glen Finglas, and of other woods, groves and bushes relating to us within our said stewartry of Menteith, with the said fisheries of the cruives of Doune together with the said advocation and donation and right of patronage of the said chaplaincy of St Fillan situated within our said castle of Doune and of the said chaplaincy of St Fillan situated outside it on the said bank of the Water of Teith, with, all and singly, the lands, houses, annualrents, fruits and emoluments relating to them, and also the said fisheries of Loch Venachar and Loch Lubnaig, and of the said waters of Teith and Goodie, together with all castles, towers, fortalices, mills, manors, woods, fisheries, annex and connex, the outsets, tenants, tenancies and services of freeholders of, all and singly, the foresaid lands, offices and other things specified above with their pertinents, all united, elevated and incorporated into one free lordship and barony as has been said, in favour of our beloved kinsman James, lord Doune and his male heirs legitimately born or to be born, whom failing any closer legitimate male heirs bearing the arms and name of Stewart, as has been said, from us and our successors in fee and heritage in free lordship and barony in perpetuity, by all their ancient measures and divisions, as they lie in longitude and latitude, in houses, buildings, woods, plains, muirs, marshes, roads, paths, waters, pools and streams, meadows, pastures and grazings, mills, multures and their consequents, fowling, hunting, fishtraps, peat mosses, turf beds, coals, coal workings, rabbits, warrens, pigeons, dovecotes, workshops, breweries, brewhouses, whins, woods, groves and thickets, wood and timber, stoneworkings, stone and lime, with courts and their outcomes, inheritance payments, bloodwit, and marriage of women, with furca et fossa, soke and sak, toll and theame, infangthief, outfangthief, pit and gallows, with common pasture, free entry and exit, and with, all and singly, the liberties, advantages, profits, easements and any just pertinents, named or not, under or over ground, far or near, [relating to] or justly capable of relating in any way in the future to the foresaid lands, offices and other things mentioned above with their pertinents, freely, quietly, fully, wholly, honourably, well and in peace, without any revocation, contradiction, impediment or obstacle whatsoever. In return, each year our foresaid kinsman James, lord Doune and his said wife Margaret and his foresaid heirs shall render to us and to our successors and to our comptrollers present and future for the foresaid lands of Wester Argaty, with their pertinents, the sum of 5 merks, for the foresaid lands of Easter and Wester Frew the sum of £10, for the foresaid five pound land of the Milton of Cambus, with their pertinents, for the foresaid five pound land of the Brae of Cambus, for the foresaid forty shillings worth of the lands of Balvorist, with their pertinents, for the foresaid forty shillings worth of the lands of the Wards of Goodie, for the foresaid forty shillings worth of the lands of Calziebohalzie, with their pertinents, the sum of £9 10s, for the foresaid mill of the Milton of Cambus, with its pertinents, four bolls of oatmeal, or 40d to be paid in lieu of each boll, for the foresaid three pound land of Murdieston and Ballindornik the sum of £8 3s, for the foresaid four merk land of Duart, with their pertinents, the sum of 23s 4d money, three bolls of barley or 40d money to be paid in lieu of each boll, one sheep or 3s money to be paid in lieu, for the foresaid lands of Greenock, with their pertinents, the sum of £20 money, for the foresaid forty shillings worth of the lands of Blairgarie, with their pertinents, the sum of £6 money, for the foresaid six merk land of Auchinhard, with their pertinents, the sum of £4 13s 4d money, three bolls of barley or 40d money to be paid in lieu of each boll, three sheep or three shillings for the value of each, for the foresaid lands of Coilantogle, with the pertinents, the sum of £3 6s 8d, two bolls of barley or 40d to be paid in lieu of each boll, or 3s to be paid in lieu of each, for the foresaid twenty shillings worth of the lands of Easter Bridgend, with their pertinents, the sum of 23s 4d, one boll of barley or 40d to be paid in lieu of each boll, one sheep or three shillings money to be paid in lieu, for the foresaid two merk land of Wester Bridgend, with their pertinents, the sum of 26s 8d, one boll of barley, or 40d to be paid in money in lieu of each boll, one sheep or 3s money to be paid in lieu, for the foresaid two merk land of Grodiche, with their pertinents, the sum of 26s 8d, one boll of barley or 40d money in lieu of each boll, one sheep or 3s money in lieu, for the foresaid merk land of Glenmeann, with its pertinents, the sum of £4 money, four bolls of barley or 40d to be paid in lieu of each boll, four sheep or 3s money to be paid in lieu of each, for the foresaid twenty shillings worth of the lands of Cambusbeg, with their pertinents, the sum of £3 money, for the foresaid feu ferms and dues of the foresaid lands of Baxtertoun or Boghall, the twenty shillings worth of the lands of Macrieston, the twenty shillings worth of the lands of Monaschstoun, the five merk land of Mackeanston, the two merk land of Murdieston and the mill of Cessintully, with all their pertinents, four chalders of oatmeal, or the sum of £10 money to be paid in lieu of each chalder, for the foresaid lands of the Kerse of Cambus, with their pertinents, the sum of £5 money, for the foresaid lordship lands of Doune commonly called the Mains of Doune or Doune Campsie and called Balkerach, with their saltworkings, the sum of £8 6s 8d, for the foresaid Mill of Doune, mill lands, multures and the sucken of the same, with the pertinents, three chalders of oatmeal, or 40d per chalder in lieu, for the foresaid lands of Brewlands of Doune, with their pertinents, the sum of 6s 8d money, for the foresaid lands of the Parktoun of Doune the sum of 20s money, for the foresaid office of steward of Menteith and the office of warden of our castle of Doune, the forests and woods of Glen Finglas and other shrubs and woods specified above, with the fisheries of Loch Venachar and Loch Lubnaig and of the above-mentioned Waters of Teith and Goodie, with their pertinents, one penny as blench ferm if sought, for the foresaid fisheries of the cruives of Doune the sum of £10 only as it is clear to us that the said cruives and fisheries are totally worked out, to the extent that all the fish caught over a period of three years do not meet the expense and cost which ought to be incurred in the repair and maintenance of the said cruives and rent of the same in any year, and for the said advocation, donation and right of patronage of the foresaid chaplaincies of St Fillan respectively one penny as blench ferm only if sought; all the foresaid sums, victual and multure detailed above are to be paid annually at the following terms of the year, namely the money at the two accustomed terms, namely the feast of Pentecost and Martinmas [11 November] in winter in equal proportions, and the said victuals annually between Christmas and Candlemas [2 February], and the foresaid sheep annually to be rendered at the usual and customary terms, as feu ferm. Further, the heirs of our said kinsman shall double the said feu ferm of, all and singly, the foresaid complete lands, fisheries and other things mentioned above, with their pertinents, in the first year of their entry as is customary with feu ferm, except in relation to the foresaid lordship lands commonly called the Mains of Doune or Doune Campsie and called Balkerach, with their saltworkings, the lands of the Carse of Cambus, the lands of Wester Argaty, the lands of Easter and Wester Frew with the Mill of Doune, and the fisheries of the cruives of Doune and the two merk land of the Parktoun of Doune with their pertinents, because the foresaid lands do not properly double the said feu ferm. Further, we, with the advice of the forementioned, have given, granted, assigned and conveyed and by the contents of our present charter do give, grant, assign and convey in favour of our foresaid beloved kinsman James, lord Doune and his foresaid male heirs, all and singly, the foresaid feu ferms specifically mentioned above, of the lordship lands of Doune commonly called the Mains of Doune, Doune Campsie and called Balkerach, with their saltworkings, the lands of the Kerse of Cambus, the lands of Wester Argaty, the lands of Easter and Wester Frew, the two merk land of the Parktoun of Doune with the Mill of Doune, the fisheries and cruives of the same, and all their pertinents, for the wardenship of our said castle of Doune and its maintenance as immune from rain (water tight). In testimony of this we have instructed our great seal to be applied to this present charter of ours. Witnesses were our beloved kinsmen and councillors John [Hamilton], lord Hamilton, commendator of our monastery of Arbroath, Archibald [Douglas], earl of Angus, lord Douglas, Dalkeith and Abernethy, Lord John Maitland of Thirlestane, knight, our chancellor and secretary, the most reverend and venerable fathers in Christ Patrick [Adamson], archbishop of St Andrews and Walter [Stewart], prior of Blantyre, warden of our privy seal, our beloved familiars and councillors Alexander Hay of Easter Kennet, clerk of our rolls of registry and council, Sir Lewis Bellenden of Auchnoull, our justice clerk, and Master Robert Scott, director of our chancellery, at Holyroodhouse on 6 January in the year of the Lord 1587 [1588], and in the twenty-first year of our reign.
Henry and Mary, by the grace of God, king and queen of Scots, give greetings to all good men throughout their realm. Let it be known that we have given, granted and by this present charter of ours confirmed to our beloved kinsman and councillor James, earl of Moray and his wife Agnes Keith, and to either of them surviving the other, in joint infeftment and to their heirs as mentioned below, whole and complete the lands, lordship and earldom of Moray, containing the lands mentioned below, namely: the lands of Easter Boyndie, the brewland of the same, Kincorth, Little Tarry, Forest of Darnaway, Kintessack, Meikle Tarry, Berryley, the fishery of Sluie Pool, Wester Dunduff, Easter Dunduff, Carny Croft, Carsmans Croft, Moyndow, Balnageith, Balnaferry, Knokattenoche, Auchendore, Logyhauche, Tarras, brewlands of the same, Meikle and Little Brumquheillis, Craigtoun, with mill, multures, the brewlands and crofts of the same, Logie, Urwall, Presley and Drumine, the Newlands of Manachie, the brewhouse of Easter Alves and the brewhouse of Wester Alves, the brewhouse of Ardgye, the brewhouse of Kintrae, the grieveship of Forres, Rosehaugh, the nine crofts of Elgin, the grieveship of Elgin, the lands of Pettisfeild, the Kirkton of Langmorhame,† Easter Whitewreath,† the brewlands of the same, Wester Whitewreath,† the Mill of Langmorhame,† Clackmarras, Thornhill, the brewlands and croft of the same, Darnaway called the Mains, with Whitemire, Garners Croft and the croft behind the orchard, Conicavel, Smythisland, Newtoun, Rawtrafurd,† Stakaris Croft, Couparis Croft, Rheeves, Inchstelly, Monaughty, Wester Alves, Easter Alves, Ardgye, Kintrae, Brewlands, Blackhills, Redhall, Stynie, Cotts, Troves, Coxton, Haltoun of Lhanbryde, Orbliston, Mill of Lhanbryde, Kers, Haltoun, Grewistoun, Newton on Spey, Halnacrinly, Haugh, Westerton on Spey, Milton on Spey, Crofts on Spey, Incheneill on the river Spey, salmon fisheries in the waters of Spey, Findhorn, Sluie Pool and Lossie, with customs of the same, the burgh mails and customs of Elgin and Forres, with the castle of Darnaway, with the forest, the park and shaws of the same, the lands of Pittendreich, one third of the lands of Duffus, with castles, towers, fortalices, woods, mills, fishtraps, parts, pendicles, tenants, tenancies, services of freeholders, advocation and donation of the churches and chaplaincies of the said lands of the lordship and earldom and their pertinents, lying within our sheriffdom of Elgin and Forres. Also, whole and complete, the lands and lordship of Abernethy, with annex, dependencies, pendicles and pertinents of the same, whole and complete the lands and lordship of Strathdearn, namely: the lands of Petty, Brackley and Strathdearn, with, all and singly, the outsets and pendicles of the same, and pendicles, and also the mill of Connage, with right of patronage, advocation and donation of the churches of Petty and Brackley, and also the tower and fortalice of Halhill, with all their pertinents, lying within our sheriffdom of Inverness; the lands of Cardell, the township and lands of Culaird, with tower and fortalice of the same, the Brodland, half of the lands of Holm with salmon and other fisheries in the Water of Ness, with castles, towers, fortalices, woods, mills, fisheries, parts, pendicles, tenants, tenancies, services of freeholders, advocation and donation of churches, benefices, chaplaincies and hospices of the same and all their pertinents, lying within our sheriffdom of Inverness. All and singly, the earldom, lordship and above-mentioned lands, with castles, towers, fortalices, woods, mills, fisheries, parts, pendicles, tenants, tenancies, services of freeholders, advocations of churches, benefices, chaplaincies and hospices of the same and all their pertinents formerly belonged to our foresaid kinsman James, earl of Moray in heritage. He spontaneously rendered them by staff and by baston into our hands in Edinburgh as if into the hands of his lord superior, and purely and simply surrendered them, and renounced completely and peacefully all right and claim which he had or could have on behalf of himself and his heirs, in perpetuity. He is to hold and have, all and complete, the forenamed lands, lordship and earldom of Moray comprising the lands mentioned below, with castles, towers, woods, mills, fisheries, forests, the parks, shaws, burgh mails, customs and offices as mentioned, the parts, pendicles, tenants, tenancies, services of freeholders, advocation and donation of churches, chaplaincies and hospices of the said lands and lordship and their pertinents; also, whole and complete, the lands and lordship of Abernethy, with annex, dependencies, pendicles and pertinents of the same, whole and complete the lands and lordship of Strathdearn, comprising the lands mentioned below, namely: the lands of Petty, Brackley and Strathdearn, with, all and singly, their outsets, pendicles and pertinents, and also the Mill of Connage, with right of patronage, advocation and donation of the said churches of Petty and Brackley, and also the tower and fortalice of Halhill, with all its pertinents, the foresaid lands of Cardell, the foresaid lands and township of Culaird, with their tower and fortalice, the lands of Brodland, half of the lands of Holm, with salmon and other fisheries of the same in the Water of Ness, with castles, towers, fortalices, woods, mills, fisheries, parts, pendicles, tenants, tenancies, services of freeholders, advocation and donation of churches, benefices, chaplaincies and hospices of the same and all their pertinents - in favour of the forementioned James, earl of Moray and the foresaid Lady Agnes, his wife, as mentioned above and of either of them surviving the other, in joint infeftment and of their joint legitimate heirs already born or to be born, whom failing any legitimate and closer heirs or assignees of the said earl, from us and our successors in fee and heritage in perpetuity by all their correct ancient measures and divisions, as they lie in longitude and latitude, in woods and plains, muirs and marshes, roads and paths, waters, pools and streams, meadows, pastures and grazings, mills, multures and their consequents, fowling, hunting and fishtraps, peat mosses, turf beds, coalworkings, wood, stoneworkings, stone and lime, workshops, breweries, brewhouses and whins, with courts and their outcomes, inheritance payments, bloodwit, and marriage of women, with furca et fossa, soke and sac, toll and theame, infangthief and outfangthief, pit and gallows, wrack and waith, with free forests in all places within the bounds of the said lands, vert, venison, wardenships of forests and their amercements, and with, all and singly, any other freedoms, advantages, profits, easements and just pertinents, whether named or not, under or over ground, far and near, relating or able to relate in any way in future to the foresaid earldom, lordship and lands, with castles, towers, fortalices, woods, mills, fisheries, parts, pendicles, tenants, tenancies, services of freeholders and advocations of churches, benefices, chaplaincies and hospices of the same and all their pertinents, as freely, quietly, fully, completely, honourably, well and in peace, in and through all, just as the foresaid earl of Moray or his predecessors held or possessed the said lands, lordship and earldom or any part of them before the foresaid surrender. In return, annually the foresaid James, earl of Moray and his wife Agnes Keith and either of them surviving the other, in joint infeftment, and their joint legitimate heirs already born or to be born, whom failing any legitimate closer heirs or assignees of the said earl, shall render to us and our successors the rights and services due and customary to us and our predecessors before the foresaid surrender. Further, we wish and grant, and for ourselves and our successors decree and ordain, that if it should happen that the foresaid James, earl of Moray should die before his wife, the foresaid Agnes, and leave after his death any male heirs legitimately born or to be born of both of them, in this case, when the said male heir or heirs reach the age of 14, this present infeftment, in so far as it extends, in relation to the joint infeftment only, to the said Lady Agnes, of the lands of Petty, Brackley and Strathdearn, with, all and singly, the outsets, pendicles and pertinents of the same, the lands of Culaird, with tower and fortalice of the same, a half of the lands of Holme, with their salmon and other fisheries in the Water of Ness, castles, towers, fortalices, woods, mills, fisheries, parts, pendicles, tenants, tenancies, services of freeholders, advocation and donation of churches, benefices, chaplaincies and hospices of the same, the foresaid lands and lordship of Abernethy, with annex and connex, dependencies, pendicles and pertinents of the same, the customs of Spey and Findhorn, the grieveship of Elgin and Forres, the said lands of Inchneill, the crofts on the Spey, Milton on Spey, Westerton on Spey, the lands of Haugh on Spey, Newton on Spey, Grenistoun, Balnacoul, Haltoun of the Mylntoun, the lands of Kerse, the mill and mill lands of Lhanbryde, Cotts, Troves, Coxton, Haltoun of Lhanbryde, Orbliston, Thornhill, with the brewhouses of the same, Clackmarras, Easter and Wester Whitewreath, Rosehaugh, Kirkton of Langmorgund, the lands and township of Kintrae, with the Newlands of the same township, and the lands of Ardgye, and the lands and township of Inchstelly, with all their pertinents, shall be of no value, efficacy or effect; also that the foresaid Lady Agnes shall be deprived of lifetime rent in the above case, to the effect that the said male heir or heirs born or to be born jointly of the foresaid James, earl of Moray and herself, being of the said age of 14, will be able to enter upon their ownership as if already heirs to them, and shall enjoy them thenceforward hereditarily as if in heritage, notwithstanding that the foresaid is infefted as has been said in them by virtue of the present infeftment. In testimony of this we have instructed our great seal to be applied to this present charter of ours. Witnesses were the reverend father in Christ John [Hamilton], archbishop of St Andrews, etc., our beloved kinsmen George [Gordon], earl of Huntly, lord Gordon and Badenoch, our chancellor, James [Hepburn], earl of Bothwell, lord Hailes, Crichton and Liddesdale, great admiral of our realm, our beloved familiars and councillors Richard Maitland of Lethington, warden of our privy seal, James Balfour of Pittendreich, clerk of our rolls of registry and council, and John Bellenden of Auchnoull, our justice clerk, knights, in Edinburgh on 1 June in the year of the Lord 1566, and in the first and twenty-fourth year of our reign.
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†Our sovereign lord and estates of this parliament having seen, read and considered a charter and infeftment of feu ferm made and granted by his majesty under the great seal after his highness's perfect age of 25 years complete, and all his revocations, both special and general, to his well-beloved cousin Andrew, lord Dingwall of all and whole the lands, lordship and barony of Dingwall, comprehending therein diverse lands, mills, multures, offices and others specified particularly in the said infeftment, all united, annexed and incorporated in the said lordship and barony of Dingwall, and giving and granting thereby to the said Andrew, lord Dingwall and his foresaids, the honour, order, estate and dignity of a free lord of parliament with all privileges belonging thereto, as the said charter made thereupon of the date at Holyroodhouse, 24 November 1591, at more length purports; together with a letter of pension made, given and granted thereafter by our said sovereign lord under the privy seal to the said Andrew, lord Dingwall during all the days of his lifetime of the sum of £1,000 money of this realm to be yearly uplifted out of the readiest mails, ferms, profits and duties of his highness's property, and for sure payment thereof, assigning and conveying to the said Andrew, lord Dingwall during his lifetime the whole silver duty for the mails, ferms, kanes, customs, fishings and duties of the said lands and lordship of Dingwall with the pertinents and others thereof above-rehearsed, specified in the said infeftment of feu ferm, as the said letter of pension made and granted thereupon of the date at Holyroodhouse, 8 January 1591 [1592], containing also therein express ratification of another former letter and gift of the said pension made and granted of before to the said Andrew, lord Dingwall during his lifetime in manner foresaid, of the date 6 March 1588 [1589], bearing also sundry other heads and privileges therein contained likewise at more length purports. And our said sovereign lord, with the estates above-mentioned, having sufficiently tried and considered in this present parliament the causes and considerations specified in the forenamed infeftment and letters of pension wherefore the same were granted, and namely the said Andrew, lord Dingwall's true and faithful service therein mentioned bestowed upon his own charges and expenses, as well within this realm as in foreign nations without the same in our sovereign lord's most honourable and weighty affairs, with the furnishing and delivering by the said Lord Dingwall to his majesty of sundry precious and fair trimmings of diverse sorts, very costly and princely, extending to the great values and prices specified in the said last gift, they find and declare the same to have been, and to be, of truth and verity as is contained in the forenamed infeftment and letters of pension, and to tend to the advancement of our sovereign lord's honour and common welfare of this realm; therefore have ratified and approved and, by the tenor hereof, ratify, approve and confirm the forenamed infeftment and letters of pension with the whole contents thereof in all points after the tenor of the same, with all that has followed or may follow thereupon; and interpose their decreet and authority thereto, likewise our said sovereign lord, with the estates above-mentioned, finds, decrees and declares the forenamed infeftment and letters of pension to have been lawfully made and granted, and to have been from the beginning and to be in all time coming, good, valuable and sufficient rights and titles to the said Andrew, lord Dingwall and his foresaids, as well for holding, enjoying, using and possessing of all and sundry the forenamed lands, lordship and others above-rehearsed, specified in the said infeftment heritably and perpetually after the tenor thereof, as also to the said Andrew, lord Dingwall himself for holding, enjoying, receiving, taking up and conveying to his own commodity of all and whole the yearly pension above-specified and of the silver duty, customs and others above-rehearsed assigned for sure payment thereof, yearly and termly, during the said Lord Dingwall's lifetime, in manner contained in the foresaid letters of pension made and granted thereupon, and that notwithstanding whatsoever acts of annexation, other acts of parliament or secret council, laws, statutes, constitutions, decisions and proclamations made, or to be made or passed in the contrary; and as need be, ordains the forenamed infeftment of feu ferm and letters of pension to be inserted word by word in this present act and confirmation. And for the more security and causes above-written, our said sovereign lord, with advice and consent of the forenamed estates, of new gives, grants, conveys and sets in feu ferm to the said Andrew, lord Dingwall and his foresaids, all and whole the said lands, lordship and barony of Dingwall, with all and sundry the said particular lands and others above-mentioned, annexed and incorporated thereinto, specified in the said charter, to be held of his majesty and his successors in manner and for yearly payment as is therein contained, which our sovereign lord and estates foresaid hold as for expressed in this present act; and also as need be ordain a new charter and infeftment to be made thereupon by his majesty under the great seal to the said Andrew, lord Dingwall and his foresaids in manner contained in the said former charter, to be extended in due and ample form with all clauses needful, which they declare shall be good and sufficient to the effect above-written. And also for the causes above-written, our sovereign lord, with advice and consent foresaid, of new by this present act, gives, grants and conveys to the said Andrew, lord Dingwall all and whole the said yearly pension of £1,000 with the forenamed silver duty for the said mails, ferms, kanes, customs and others above-rehearsed assigned for sure payment of the said pension, to be yearly and termly lifted and taken up out of the forenamed lands, lordship and others above-mentioned during the said space, and after the form and tenor of the foresaid letters of pension granted thereupon in all points. And our sovereign lord, with the estates above-mentioned, decrees and declares that the acceptance by the said Andrew, lord Dingwall of the letters of pension above-rehearsed, and receiving, taking up and detention by him of the silver mails and duties therein contained of the said lands and lordship of Dingwall in payment of the said pension during his lifetime, shall in no way hurt, prejudice nor annul the foresaid infeftment of feu ferm and heritable right made and granted to the said Andrew, lord Dingwall and his foresaids of the forenamed lands and lordship of Dingwall, nor shall make no derogation thereto in any heads, points, nor contents thereof.
[1592/4/198]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, now after his age of 25 years, with advice of the estates of this realm, ratifies, approves and, for his majesty and his successors, perpetually confirms the blench charter and infeftment passed upon resignation made and granted by his majesty to the late Agnes Drummond, spouse to James Lockhart of Lee, younger and fiar thereof, in liferent for all the days of her lifetime, of the lands and others underwritten contained therein, and heritably to the said James Lockhart, fiar of Lee, and his male heirs lawfully procreated or to be procreated between him and the said late Agnes, which failing to the nearest and lawful male heirs of the said James whatsoever bearing the surname of Lockhart and accepting the arms of the house of Lee, of all and whole the twenty pound land of old extent of Lee and Cartland, with the towers, fortalices, manor places, yards, orchards, dovecots, meadows, woods, fishings, mills, multures, sucken, parts, pendicles and pertinents thereof lying within the sheriffdom of Lanark; and also of all and whole an annualrent of 16s 8d money of this realm yearly to be uplifted and taken out of the lands of Wester Nemphlar, with the pertinents, lying within the sheriffdom foresaid; and of an annualrent of 16s 8d yearly to be uplifted out of the lands of Easter Nemphlar, lying as said is, at length specified in the said blench infeftment under the great seal, which contains special erection of the lands and others foresaid in a whole and free barony, of the date at Holyroodhouse, 25 May 1588, in all and sundry points, passages, articles, clauses, immunities, privileges, liberties and circumstances whatsoever therein contained; and decrees and declares for his majesty and his successors foresaid that the same infeftment is, and shall be in all time coming, as effectual, valid and sufficient to the said James Lockhart, younger, of Lee, and his heirs foresaid specified therein for the peaceable possessing and enjoying of the foresaid lands and barony of Lee and others particularly above-specified, with all liberties and privileges contained in the same infeftment, perpetually in all time coming according to the tenor and substance thereof in all points, as if the same had been given and granted by his majesty after his age of 25 years foresaid; notwithstanding his majesty's revocation made in this present parliament, or any others of his highness's acts, laws, statutes, constitutions, general or special, made of before to the prejudice or derogation thereof, or any of the liberties or privileges expressed in the same, under the which the said infeftment, nor any part thereof, shall never be comprehended by any manner of way; and ordains [Alexander Hay of Easter Kennet], clerk register, to insert the said infeftment and charter at length therein for perpetual memory in due form as appropriate, of the which infeftment the tenor follows:
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 we, after our lawful coming of age as proclaimed in parliament and the general revocation and dissolution contained in it, have given, as by the contents of this present charter of ours we give to our beloved Agnes Drummond, wife of James Lockhart, feudal tenant of Lee, in liferent for all the days of the said Agnes, whole and complete, the eight pound land of new extent of Fullwood, with manor place, tower, fortalice, gardens, orchards, parts, pendicles and their pertinents, twenty shillings worth of lands of new extent of Birkenhead, with their pertinents, the twenty pound land of Lee of old extent, lying within the parish and our sheriffdom of Lanark, and this in full payment and satisfaction of the said Agnes of her third of the foresaid complete lands of Lee, with their pertinents, and of all other lands, annualrents and other things which she after the death of the said James Lockhart, her husband, could in any way claim or challenge (excluding and excepting the lands of Lockhart Mill, the mill of the same, multures and their consequents, regarding the foresaid twenty pound land of Lee, also the lands called Over Mains of Lee, a third pound land of new extent of Cartland Croft and Lomeistland, whole and complete the lands of Little and Meikle Barrochis, with their pertinents, which are parts and pendicles of the said twenty pound land of Lee; in these parts and pendicles the foresaid Agnes is properly infefted in liferent, in accordance with her infeftment, right and title of the same; to be held of us). Also we give in heritage to the foresaid James Lockhart, feudal tenant of Lee, and the male heirs legitimately born or to be born to him and to the said Agnes, whom failing to any closer legitimate male heirs of the said James with the name of Lockhart and bearing the arms of the house of Lee, whole and complete the twenty pound land of old extent of the foresaid Lee and Canterland, with towers, fortalices, manor places, gardens, orchards, dovecotes, meadows, woods, fisheries, mills, multures, consequents, parts, pendicles and their pertinents, and also, whole and complete, one annualrent of 16s 8d of the currency of our realm to be levied annually on, whole and complete, the lands of Wester Nemphlar, with their pertinents, lying within our foresaid sheriffdom, and one annualrent of 16s 8d to be levied annually from, whole and complete, the lands of Easter Nemphlar, lying as said is; all and singly, these foresaid twenty pound land of the old extent of Lee and Cartland, with towers, fortalices, annualrents and other things respectively and particularly mentioned above, with mills, multures, fishtraps, parts, pendicles and pertinents of the same, formerly belonged in heritage to the foresaid James Lockhart, younger, and feudal tenant of Lee, and by him were personally surrendered purely and simply by staff and baston into our hands at Holyroodhouse, as if into the hands of his immediate superior in that regard, with all right, title, property and possession which the said James or his predecessors had, have or could have or claim in regard to these lands and other things mentioned above or any part of them to the effect mentioned above. Further, for the good and gracious service given to us by the said James Lockhart, younger, of Lee, and for a certain sum of money and assessment to us and to our treasury in our name rendered by James himself, for the following reason and for other sound causes and considerations which influence us, we are afresh giving, granting and conveying on behalf of ourselves and of our successors, to the foresaid James Lockhart and his foresaid male heirs, whole and complete the foresaid twenty pound land of the old extent of Lee and Cartland, with towers, fortalices, manor place, gardens, orchards, dovecotes, woods, fishtraps, meadows, mills, mill lands and multures and their consequents, houses, buildings, muirs, coals and coalworkings, parts, pendicles and any pertinents of the same, together with all right and title of right, property and possession, whether of claimant or of possessor, which we and our predecessors had, have or could in any way have or claim, in and to the forenamed lands and other things detailed above, pendicles and pertinents of the same or any part of them, assessments, ferms, profits and any dues in the past on account of non-entry, forfeiture, recognition, escheat, bastardy, reduction of returns and infeftments, purpresture [or] disclamation, or in respect of any risks, losses and inconveniences which could befall or happen to the foresaid lands and other things mentioned above, or to any part of them, for any cause or circumstance in the past, present or future. Thus we renounce these on behalf of ourselves and our successors, and transfer them to the said James Lockhart and his male heirs in perpetuity, with an agreement not to challenge, and with supplement of all errors whether specified or not. Besides, for the said reasons and others we unify, annex, create and incorporate, whole and complete, the forementioned twenty pound land of old extent of Lee and Cartland, with towers, fortalices, manor places, dovecotes, woods, fishtraps, mills, multures, pendicles and any pertinents, together with the foresaid annualrents respectively into one complete and free barony for all time to come, to be called the barony of Lee. We wish and grant that the tower and fortalice of Lee will be the principal messuage, the manor-house, of the said barony in times to come, and that a single sasine, by virtue of the present infeftment by the said James Lockhart and his male heirs and to be taken at the principal messuage and tower of Lee will stand, last and will be a sufficient sasine for, all and singly, the forementioned lands, annualrents and other things mentioned above, notwithstanding that they do not lie contiguously. Whole and complete, the foresaid eight merk land of new extent of Fullwood, with manor place, tower, fortalice, gardens and orchards, parts, pendicles and their pertinents, the foresaid twenty shillings worth of lands of new extent of Birkenhead, with the pertinents, are to be held and had in full contentment and satisfaction in the manner mentioned above, by the foresaid Agnes Drummond, wife of James Lockhart, younger, of Lee in liferent, for all the days of her life, and also, whole and complete, the foresaid twenty pound land of old extent of Lee and Cartland, with towers, fortalices, manors, places, gardens, orchards, meadows, mills, multures, woods, fishtraps, dovecotes, parts, pendicles and any foresaid pertinents, with annualrents respectively as mentioned above, now united, annexed, created and incorporated into one complete and free barony to be called the barony of Lee for all time to come, in favour of the forementioned James Lockhart of Lee, younger, and his foresaid male heirs in the manner mentioned, from us and our successors in free heritage and barony in perpetuity, by, all and singly, its correct measures and divisions as they lie in longitude and latitude, in houses, buildings, woods, plains, muirs and marshes, roads and paths, waters, pools and streams, grazings, pastures and rough pasture, mills and multures, and their consequents, fowling, hunting, fishtraps, peat mosses, turf beds, coals and coalworkings, rabbits and warrens, pigeons, dovecotes, workshops, breweries, brewhouses, whins, woods and groves, thickets, wood, timber, stone workings, stone and lime, with courts, complaints, inheritance payments, bloodwit, marriage of women, outcomes, amercements and escheats of the said courts, with soke and sak, toll and theame, wrack, wair and waith, infangthief, outfangthief, pit and gallows, with common pasture, free entry and exit, and with, all and singly, the liberties, advantages, profits, easements and any just pertinents, whether mentioned or not, under and above ground, far and near, relating or capable of justly relating to the said lands, freely, quietly, fully, completely, honourably, well and in peace, without any revocation, contradiction, obstacle or impediment at all. In return, each year the foresaid Agnes and James and their foresaid male heirs are to render to us and to our successors a pair of gilt spurs or 6s 8d of the currency of our realm for the price of them, at the principal messuage of the foresaid lands and barony at the feast of Pentecost as blench ferm, only if sought,. In testimony of this we have instructed our great seal to be applied to this present charter of ours. Witnesses were our beloved kinsmen and councillors John [Hamilton], lord Hamilton and commendator of our monastery of Arbroath, etc., Archibald [Douglas], earl of Angus, lord Douglas, Dalkeith and Abernethy, etc., Lord John Maitland of Thirlestane, our chancellor and secretary, the most reverend and venerable fathers in Christ Patrick [Adamson], archbishop of St Andrews, Walter [Stewart], commendator of our priory of Blantyre and warden of our privy seal, our beloved familiars and councillors 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 25 May in the year of the Lord 1588 and in the twenty-first year of our reign.
[1592/4/199]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord after his age of 25 years, with advice of the estates of this realm, ratifies, approves and, for his majesty and his successors, perpetually confirms the charter and infeftment made and granted by his majesty to his beloved James Lockhart, son and apparent heir to James Lockhart, elder, of Lee, and the heirs and assignees of the said James Lockhart, younger, whatsoever, of all and whole a piece croft extending to three ruids of land or thereby, with the old walls of a ruinous house and a little yard adjacent thereto, within the ruids and burgh of Lanark, lying on the south side of the common street thereof between the tenement, dovecot, yard and croft pertaining to the heirs of the late David Horn on the west, the tenement and yard of John Carmichael of Meadowflat, now occupied by Thomas Weir in Baties Mains and his tenants on the east parts, and also of the fundament, place and state house, buildings and yards adjacent thereto sometime belonging to the Friars minor, called Cordeliers† of Lanark, with an acre of land pertaining thereto, lying in Wertland Side within the territory of the said burgh of Lanark between the lands of David Blackie on the east and lands of William Lempitlaw on the south parts thereof; and also of all and whole five acres of arable lands or thereby with the house and yard of the same, lying at the south side of the glebe of the kirk of Lanark from the common way as they pass from the burgh of Lanark to the cross, called Rudday Cross, on the east, and lands of Brakisfeild adjacent on the south parts, which John Wright occupied of before, and thereafter pertaining to James Acheson, son and heir of the late John Acheson, burgess of the said burgh, with all their parts, pendicles and pertinents, lying in the parish of Lanark within the sheriffdom of the same, with free ish and entry to cast and extract fuel, peat, turf and others, with common pasture in the common and muir of Lanark, as freely as any burgess of the said burgh may do at length specified in the said infeftment under the great seal of the date at Holyroodhouse, 7 February 1587 [1588], made after his highness's lawful and perfect age of 21 years complete then declared in parliament and general revocation made in the same for the time, in all and sundry points, passages, articles, clauses and immunities, privileges, liberties and circumstances whatsoever therein contained; and decrees and declares, for his majesty and his successors foresaid, that the same infeftment is, and shall be in all time coming, as effectual, good, valid and sufficient to the said James Lockhart, younger, and his foresaids for the peaceable possessing and enjoying of all and sundry the forenamed lands, acres, ruids, tenements, yards, houses, buildings and others above-mentioned with all liberties and privileges contained in the same infeftment, perpetually and in all time coming, according to the tenor and substance thereof in all points as if the same had been given and granted by his majesty after his age of 25 years foresaid, notwithstanding his majesty's revocation made in this present parliament or any others of his highness's acts, laws, statutes or constitutions, general or special, made of before to the prejudice or derogation thereof, or any of the liberties or privileges expressed in the same, under the which the said infeftment nor any part thereof shall never be comprehended by any manner of way; and ordains [Alexander Hay of Easter Kennet], clerk register, to insert the said infeftment and charter at length therein for perpetual memory in due form as appropriate, of the which infeftment the tenor follows:
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 we, after our achievement of the age of 21 as decreed in parliament and the general revocation made in that parliament, have given, granted, surrendered in feu ferm in heritage and by this present charter of ours confirmed to our beloved James Lockhart, son and heir apparent of James Lockhart, elder, of Lee, and to any heirs and assignees of the said James Lockhart, younger, whole and complete, one part of a croft extending to three ruids of land or thereabouts, together with the old walls of one ruined house with a small garden adjacent to them, within the ruids and burgh of our burgh of Lanark, lying on the north side of the common road between the tenement, dovecote, garden and croft belonging to the heirs of the late David Horn on the east, the tenement and garden of the late John Carmichael of Meadowflat, now occupied by Thomas Weir in Bateis Mains and his tenants on the east, and also the foundation or base of a house, buildings and gardens next to them and formerly belonging to what were called the Friars minor 'cordeliers' of Lanark, with one acre of land belonging to the same, lying in Wertland Side within the territory of our burgh of Lanark, between the lands of David Blackie on the east and the lands of William Lempitlaw on the south, and also, whole and complete, five acres of arable land or thereabouts with their house and garden lying on the east side of the glebe of the church of Lanark, from the common road which goes from the burgh of Lanark to the cross, called Rudday Cross, on the east, and the lands of Braikisfield adjacent on the south side, which John Wright formerly occupied, and now belong to James Acheson, son and heir of the late John Acheson, burgess of Lanark - with all their parts, pendicles and pertinents, lying in the parish of Lanark within the sheriffdom of the same, with free entry and exit, profiting from, digging out and using turf, sods, peat mosses, and other things, with common pasture on the commons and muirs of Lanark, as freely as any burgesses of the said burgh can; and these three ruids of land, with the house and its old walls and the small garden lying adjacent to them, with their pertinents, as has been said, used to belong formerly in heritage and in feu ferm to Gavin Lockhart, burgess of Lanark and full brother of the said James Lockhart, younger, and held by him of old from the commendator and community of the monastery of Dryburgh at the time; and also the foresaid foundation, houses, buildings and gardens lying next to them, together with the said acre of land lying in Wertland Side, with their pertinents, formerly belonged in feu ferm to the said James Lockhart of Lee, elder, held of old from the said Friars minor 'cordeliers'; also, whole and complete, five acres of arable land or thereabouts with parts, pendicles and their pertinents, bounded as has been said, with the house and garden and their pertinents, with common pasture and other things mentioned above formerly belonged to the said James Acheson, son and heir of the late John Acheson, burgess of our said burgh of Lanark, were held of old from the vicars of Lanark at the time, and by the foresaid persons and lawful procurators of each of them respectively for their parts and by their letters patent were surrendered and granted purely and simply, by staff and baston, into our hands as present superior of the same lands and other things pertaining to us and coming into our hands by the laws of our realm and acts of parliament passed relating thereto, with all right, legal title, claim, interest, property and possession which the said persons or any of them had, have or could claim or pretend to the forementioned lands and other things specified above or any part of them for all time in the future; and this in favour of the said James Lockhart, younger, and his foresaids to the effect stated above. Further we, for the good, loyal and faithful service rendered to us by the said James Lockhart, younger, of Lee, and for a certain payment of money rendered and handed over by him to our collector in our name, have given, granted, and conveyed, and by the contents of the present charter do give, grant and convey to the foresaid James Lockhart, younger, his heirs and assignees in feu ferm and heritage in perpetuity, all and singly, the forenamed houses, gardens and other foresaid things with parts, pendicles and pertinents of the same, to the extent that they have come into our hands by the laws of our realm and acts of parliament, rights and title by virtue of the same, together with all legal title, interest, property and possession, in terms of claim and possession, which our predecessors or successors had, have or in any way could claim or pretend towards them or any part of them, the taxes, ferms, profits and dues of the same by whatever right, title, risk or inconvenience which could be valid or happen in terms of the said lands or any part of them, for any actions, causes or occasions in the past; also, by renunciation and exoneration in their favour on behalf or us and our successors we transfer the same to the foresaid James Lockhart, his heirs and assignees in perpetuity; with an agreement not to challenge, and with supplement of all errors whether named or not; all and singly the above-mentioned lands, acres, ruids, acres, houses, buildings and other things specified above, with their pertinents, are to be held and had by the said James Lockhart, younger, his heirs and assignees, from us and our successors in fee and heritage in perpetuity, by all their correct ancient measures and divisions as they lie in longitude and latitude, in houses, buildings, woods, plains, muirs and marshes, roads and paths, waters, pools and streams, limits, bounds, peat mosses, turf beds, pigeons, dovecotes, coals, coalworkings, breweries, whins, wood, timber, stoneworkings, stone and lime, with courts and their outcomes and amercements, bloodwit, inheritance payment, and marriage of women, with common pasture, free entry and exit, and with all and singly other freedoms, advantages, profits, easements and any just pertinents whether named or not, under or above ground, relating or justly able to relate to the foresaid lands and other things already mentioned in any way in the future, freely, quietly, fully, completely, honourably, well and in peace, without any impediment, revocation, contradiction or obstacle. In return the said James Lockhart and his foresaid heirs and assignees shall annually render to us and to our successors, collectors and comptrollers at the time, for the said three ruids of land, walls, old house and small garden mentioned above, with their pertinents, the sum of 6s 8d of the usual currency of the kingdom of Scotland, and for the said foundation or base, houses and gardens of the foresaid brothers and the acre of land in Wertland Side relating to it, three bolls of oatmeal, or 14s for each boll at the option of the said James and his foresaid heirs and assignees; also for the said five acres of the foresaid arable lands called Vicarland, house, garden, common pasture and privilege of the same as has been said, the sum of 10s of the foresaid currency only for the foresaid old taxes and dues of the lands and other things respectively which were customarily paid for these at the two terms of the year of Pentecost and Martinmas [11 November] in winter, by equal proportions, and also the foresaid James, his heirs and assignees are to render annually the sum of 3s 4d in augmentation of the annual tax and dues of all the foresaid lands and other things mentioned above, on top of what they ever paid at the foresaid terms, only. In testimony of this we have instructed our great seal to be applied, the witnesses being our beloved kinsmen and councillors John [Hamilton], lord Hamilton, commendator of our monastery of Arbroath, Archibald [Douglas], earl of Angus, lord Douglas, Dalkeith and Abernethy, Sir John Maitland of Thirlestane, our chancellor, the most reverend and venerable fathers Patrick [Adamson], archbishop of St Andrews, Walter [Stewart], commendator of our priory of Blantyre, warden of our privy seal, our beloved familiars and councillors Alexander Hay of Easter Kennet, clerk of our rolls of registry and council, Sir Lewis Bellenden of Auchnoull, our justice clerk, and Master Robert Scott, director of our chancellery; at Holyroodhouse on 7 February in the year of the Lord 1587 [1588] and in the twenty-first year of our reign.
[1592/4/200]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, now after his majesty's perfect age of 25 years complete, general and last revocation, with advice and consent of his highness's estates of this present parliament, and the said estates have ratified and approved and, by the tenor hereof, ratify and approve and, for his highness and his successors, perpetually confirm the charter and infeftment made and granted by his majesty to his highness's beloved Robert, lord Seton, his heirs and successors in his barony and lordship of Seton, lying with in the sheriffdom of Edinburgh and constabulary of Haddington, of the erection of the harbour of Cockenzie in a free harbour, and of the erection of the town of Cockenzie in a free burgh of barony, and of diverse offices, gifts, commodities and others particularly underwritten, specified in the said charter and infeftment under the great seal of the date at Dalkeith, 1 April 1591, in all and sundry erections, gifts, donations, points, passages, articles, clauses, immunities, privileges, liberties and circumstances whatsoever therein contained; and decree and declare for his majesty and his highness's successors that the same charter and infeftment is, and shall be in all time coming, effectual, good, valid and sufficient to the said Robert, lord Seton, his said heirs and successors in the said barony and lordship of Seton for the peaceable possessing and enjoying of the said free harbour and free burgh of barony, and of the offices, gifts and commodities contained in the said charter and infeftment with all liberties, privileges and others specified in the same, perpetually and in all time coming, according to the tenor and substance thereof in all points; notwithstanding his majesty's revocation made in this present parliament, or any other revocation made of before, or any others of his highness's acts, laws, statutes and constitutions, general or special, made heretofore to the prejudice or derogation thereof, or any of the liberties, privileges or commodities expressed in the same, under the which the said charter and infeftment, nor any part thereof, shall never be comprehended by any manner of way; and ordain [Alexander Hay of Easter Kennet], clerk register, to insert the said charter and infeftment at length therein for perpetual memory in due form as appropriate, of the which charter and infeftment the tenor follows:
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 we, understanding that our beloved kinsman Robert, lord Seton has recently expended and intends to expend great resources and costs in relation to the construction of a port beside the sea shore at his township and lands of Cockenzie, lying in his barony and the lordship of Seton, within our sheriffdom of Edinburgh and the constabulary of Haddington, to receive and protect ships and boats, and for the great easement of our lieges and other outsiders calling in there, and so, applauding our said beloved kinsman's good intention for the advantage of our state, and for the good, loyal and gracious service offered and given by our said beloved kinsman and his predecessors of longstanding memory to us and our most noble progenitors, we have elevated and by the contents of our present charter do elevate the said port of Cockenzie to a free port to a special and full extent, in favour of our foresaid beloved kinsman Robert, lord Seton, his heirs and successors of the said barony and lordship of Seton to use as a free port for all future time in perpetuity, and to collect, intromit, receive and apply to their own uses the harbour dues commonly called haven silver, small customs, anchorage payments and any other dues and casual payments relating to any free port within our realm, as if barons and lords of the site where the port is located. Besides we, considering the great outlays and expenses which our said beloved kinsman, his heirs and successors will be forced to pay towards the building and construction of the said port before it can come to completion, and towards its maintenance once completed, and understanding that the said port was at no time in the past of any profit to us or our predecessors in terms of any customs due to us, for that reason and for the good, loyal and gracious service offered and given to us and our predecessors by our foresaid beloved kinsman Robert, lord Seton and his predecessors, we, after our achievement of the age of 21 years as proclaimed in our parliament and the general revocation and dissolution of the annexation of our property made in feu ferm and lease, have given, granted, leased, rented and surrendered in heritage by feu ferm or in perpetuity and by this present charter of ours have confirmed and by its wording do give, grant, lease, rent and surrender in heritage by feu ferm or in perpetuity and by this present charter of ours do confirm in favour of our foresaid beloved kinsman Robert, lord Seton, his heirs and successors of the said barony and lordship of Seton, all and singly, [the power to] our said beloved kinsman, his heirs and successors to intromit, levy, use, convey and apply to their own uses our big customs which are competent for us and our successors on all goods and merchandise imported and carried from the said port for all time to come, for the payment to us of an annual due as mentioned below as feu ferm. Further, we have made, established and ordained and by the contents of our present charter do make, establish and ordain our foresaid beloved kinsman and his foresaid heirs and successors as our investigators, commonly called searchers, of all goods banned and not subject to customs which come into the said port in future, and impose or waive in that regard. Also we have given, granted and made over, and by the contents our present charter do give, grant and make over to them our full role and responsibility to investigate, arrest, apprehend and intromit the foresaid goods and merchandise which are banned and not liable to customs as if it were our escheat, and to pass one half of them to us and our successors, and apply the other half to the particular uses of our said kinsman, his heirs and successors for their diligence and work. Also to this effect we have given and granted and by the contents of our present charter do give and grant full authority to our beloved kinsman Robert, lord Seton and his foresaid heirs and successors, by themselves or by their deputies, to establish and conduct a court or courts for the investigation of the said goods which are banned or not liable to customs, and in these courts to defer and prosecute as the process of law demands, and also with authority to our said beloved kinsman and his foresaid successors to have one cocket (commonly called 'the cokquet') with the privilege of the seal of the same and of appointing and establishing thereafter a warden and clerk of the same, whenever it seems necessary, and of creating the seal of the said cocket, namely our arms on one side, with a castle on the other side and with the circumscription of 'The Seal of Cockenzie'. Further, appreciating that the elevation of the said port into a free port for the inhabitants of our land and for outsiders is not only convenient for shelter and visits from landwards as well as from the sea, for the safety of their own ships, boats and merchandise, but also for the polity of the kingdom, it is very necessary to have houses, buildings, inns and taverns commonly called hostelries for the sustenance and support of merchants and others using the said port. Therefore we have elevated, made, established and created, and by the contents of our present charter do elevate, make, establish and create the foresaid township of Cockenzie as a free burgh of barony, with a free port in perpetuity for all time to come, with special and full authority to our said beloved kinsman Robert, lord Seton and his foresaid heirs and successors of the barony and lordship of Seton to select, make, establish and create within the said burgh bailies, burgesses and officials and their replacements and any other officials necessary for its administration and government, and annually to choose, remove, impose and replace in these offices the bailies and other officials as seems expedient to them, with special and full power to the burgesses of the said burgh, both present and future, in relation to pack and peel and to buy and sell in the same burgh wine, wax, broad and narrow wool and linen and other common merchandise and staple goods (commonly called 'staple guidis'), and to have and hold in the foresaid burgh bakers, brewers, fishermen, tailors, cobblers, weavers, cutters, fullers, builders, carpenters and all other craftsmen necessary and relating to the liberty of a free burgh, and also with the authority to our foresaid beloved kinsman Robert, lord Seton and his foresaid heirs and successors to build and hold within the said burgh a tolbooth and market cross and a weekly market on Saturdays, together with a free fair once per year on the feast of Simon and Jude [28 October], with the privilege of holding a market at the said fair and collecting, receiving and applying the customs to their own uses, and for the observance of good order to appoint depute officials, and also with special and free power to our said beloved kinsman Robert, lord Seton and his foresaid heirs and successors to receive surrenders of, all and singly, lands, tenements and annualrents within the said burgh, and to hand over and convey them to any person or persons, with all infeftments, sasines and other things as necessary, and to establish, fix, affirm and open, hold and continue burgh courts within the said burgh and liberty as often as seems expedient, and to create and select successive clerks, dempsters and other officials and members of court as necessary; also the power to punish transgressors within the laws of our realm, to levy and to intromit outcomes, amercements and escheats of the said courts and apply them to their own uses, and for these, if necessary, to impound and distrain, and generally to do, carry out and exercise, all and singly, everything in line with and expedient for the foresaid. Whole and complete the foresaid port and foresaid burgh of barony are to be held and had by our foresaid beloved kinsman Robert, lord Seton and his said heirs and successors of the said barony and lordship of Seton from us and our successors in fee and heritage and free port and free burgh of barony, and also our foresaid big customs owed to us by our foresaid beloved kinsman and his heirs and successors from us and our successors in feu ferm of emphyteusis and heritage in perpetuity, with free entry and exit, and with, all and singly, the other liberties, advantages, profits, easements and any just pertinents, whether named or not, above or under ground, far and near, relating or justly able to relate in future to the foresaid port and burgh of barony, and to our said big customs, with their pertinents, freely, quietly, fully, completely, honourably, well and in peace, without any revocation or obstacle. In return, annually our foresaid beloved kinsman Robert, lord Seton and his foresaid heirs and successors, shall render to us and our successors, namely for the said free port and foresaid burgh of barony, one silver penny on the feast of Pentecost as blench ferm only, if sought, and for our said big customs to us our successors and our comptrollers at the time the sum of 10 merks annually at Martinmas [11 November] as blench ferm; also our foresaid beloved kinsman and his heirs and successors shall make a payment annually to our exchequer of one equal half of the foresaid escheat of banned goods and goods not liable to customs which happen to be in future apprehended and intromitted and found and declared to be escheat within the lordship port. In testimony of this we have instructed our great seal to be applied to this present charter of ours. Witnesses were our beloved kinsmen and councillors John [Hamilton], lord Hamilton, commendator of our monastery of Arbroath, William [Douglas], earl of Angus, lord Douglas and Abernethy, George [Keith], earl Marischal, lord Keith, marischal of our realm, our beloved familiars and councillors John [Maitland], lord Thirlestane, our chancellor and secretary, Walter [Stewart], commendator of our monastery of Blantyre, warden of our privy seal, Alexander Hay of Easter Kennet, clerk of our rolls of register and council, Sir Lewis Bellenden of Auchnoull, our justice clerk, and Master William Scott of Grange[muir], director of our chancellery. At Dalkeith on 1 April in the year of the Lord 1591 and the twenty-fourth year of our reign.
[1592/4/201]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and estates of this present parliament, having seen and considered a charter and infeftment of feu ferm made and granted by his highness after his lawful and perfect age, complete and general revocation made in parliament, with dissolution therein for good causes and considerations mentioned in the same, to his highness's beloved daily and familiar servant John Livingstone, one of his highness's master stablers for the time and since, and now master stabler to his majesty's dearest spouse, [Anne], the queen, in recompense and reward of his long and continual faithful service done by the said John to [Mary], his highness's late dearest mother, in the office foresaid, and to his highness's self and to his dearest spouse foresaid in the same office, setting and in feu ferm letting, with advice of his highness's comptroller for the time, to the said John Livingstone, his male heirs and assignees whatsoever, all and whole his highness's lands and mains of Abercorn, otherwise the Halbarnis, with the decayed house and manor place of the same, orchards, yards, coal, coal pits, mill, dovecot of Abercorn, sea fishing and common pasture in the common muir of Duntarvie Muir used and wont, with four acres of land of the foresaid mains, which were conveyed of before to the friars of the town of the Forie in which the said John is in possession presently, together with that piece of land called Breid Meadow, of all parts bounded with the lands of Duddingston with free ish and entry to the common muir, called the Muir of Abercorn, alias Halbarnis Muir, with all and sundry their parts, pendicles and pertinents, together with the astricted multures of all and sundry the corns which grow or shall happen to grow upon the said lands and barony of Abercorn and within Linlithgow, which were wont to be brought to the said mill to be ground thereat in times bygone; and also together with the heritable office of bailiary of all and sundry his highness's lands lying within the said lordship of Linlithgow, with all and sundry freedoms and privileges specified in the said infeftment, to be held of his highness and his successors in feu ferm heritably for payment of certain mail and duty, with augmentation for that of the yearly duty thereof specified and contained in the same, under his highness's great seal of the date 10 October 1587, and of his highness's reign the 21st year, granted thereupon, shown and produced to his highness and estates of parliament foresaid. And his highness, in consideration thereof and of his long and continual faithful service made as said is, and to give the said John and his foresaids good occasion to continue therein hereafter, not willing therefore to alter nor hurt his infeftment foresaid, but rather to amplify and confirm the same in all points, therefore his highness, with advice and consent of the said estates of this present parliament, has ratified, approved and confirmed, likewise by this present act, ratifies, approves and confirms for his highness and his successors perpetually the foresaid charter and infeftment, effect thereof and all points, clauses and privileges contained therein; and wills and grants and, for his highness and his successors, perpetually decrees and ordains that the said charter and infeftment of feu ferm was from the beginning, is now and shall be in all time coming of strength, force and effect to the said John Livingstone, his male heirs and assignees whatsoever, of all and sundry the lands, houses, yard, mill, coal pits, fishings, multures, offices and others particularly above-written contained therein heritably in all time coming, notwithstanding whatsoever union and annexation made to his highness or his predecessors of the same in property of before; regarding the which his majesty, with advice and consent of the estates foresaid, plainly dispenses, for making express dissolution to the effect foresaid, without any revocation or contradiction whatsoever to be made by his highness or his successors of the same in hurt or prejudice of this present ratification in any time hereafter; and ordains this present ratification, together with the said infeftment of feu ferm, if need be, to be inserted therein, to be registered and inserted in his highness's books of parliament and to have the strength, force and effect of an act and decreet of parliament in all time coming, providing always that this present ratification in no way hurt or prejudice James [Lindsay], lord Lindsay of the Byres, his infeftments of any lands, mills, multures, coals, coal pits and others whatsoever lying within the barony of Abercorn, but that the same remain in the own strength and full integrity in all respects as if the said ratification had not been granted.
[1592/4/202]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of the estates of this present parliament, after due consideration had by them of the good, true and faithful service done to his majesty by his trusty councillor William Stewart, commendator of Pittenweem, as well within this realm as outwith the same in foreign nations, tending to the profit and commodity of this whole realm and lieges thereof, and great sums of money, cost and expenses sustained by him therein, therefore his majesty and estates find expedient and consent that it shall be permissible to his highness to wadset and alienate to the said commendator, his heirs and assignees whatsoever, all and whole the temporal lands, lordships, baronies, castles, towers, fortalices, mills, multures, woods, fishings, tenants, tenancies and service of free tenants, parts, pendicles and pertinents whatsoever pertaining and belonging, or which pertained and belonged at any time before to the priory of Pittenweem; and to make and deliver to the said William and his foresaids such charters and infeftments as he pleases to devise for his security thereof, redeemable always and under reversion to be made and granted by the said commendator, his heirs and assignees, to his highness and his successors, containing the sum of 8,000 merks money of this realm; and that notwithstanding the said act of parliament made regarding the annexation of kirk lands to the crown through which, and with all other laws, acts and constitutions that may in any way derogate the said infeftment and disposition to be given and granted to the said commendator and his foresaids, his highness, with advice foresaid, dispenses and promises for him and his successors in the first word never to impinge the same in judgement, nor outwith in time coming; with special provision that this present act of parliament and infeftments to be made to the said commendator by virtue thereof be in no way extended nor prejudicial to the feuars, other vassals and tenants of the said priory and lordship of Pittenweem, who have already obtained their lands and infeftments held immediately of our sovereign lord, or who please hereafter to obtain and hold any of their lands of the king's majesty as their immediate lord and superior by virtue of the act of annexation of all temporal lands of benefices to his highness's crown, and notwithstanding the provision above-written made in favour of the said vassals. It shall be permissible to the said commendator and his foresaids to enter and receive as many of the said vassals, their heirs, assignees and successors as willingly please to receive their lands, tenements, annualrents and infeftments thereof held of him and his foresaids, to whom our said sovereign lord, with advice of the said estates, gives, grants and conveys, by this ratification and by the tenor of the said charter to be made hereupon, heritably during the time of the said wadset full power and commission to receive and enter as many of the said vassals, their heirs, assignees and successors as shall please willingly to enter by him and his foresaids, which vassals so entered by the said commendator shall be held and astricted to pay to him and his foresaids their reasonable compositions for the same from time to time as the occasion of their entries shall require. The which infeftments of the entering of the foresaid vassals, our sovereign lord and estates foresaid decree and declare by the tenor hereof and charter to follow hereupon to be as valuable, effectual and sufficient in all respects to the said vassals of the said whole priory and their foresaids for holding, enjoying and possessing of the lands, tenements, annualrents and others therein to be contained perpetually in all time coming as if the said infeftments had been made and granted to the said commendator and his predecessors before the foresaid act of annexation, or by our said sovereign lord, or his highness's successors under the great seal at any time since the foresaid act. Which infeftment our said sovereign lord, with advice of the said estates, now as if the same were already passed and completed to the said commendator and his foresaids and then as now, ratifies, approves and, for his highness and his successors, perpetually confirms; concerning which, his highness, with advice foresaid, notwithstanding the said act of annexation, by this ratification dispenses for ever.
[1592/4/203]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, now after his age of 25 years, with advice of the estates of this realm, ratifies, approves and, for his majesty and his successors, perpetually confirms the charter and infeftment made and granted by his majesty after his age foresaid to his highness's trusty cousin, Thomas, lord Boyd, in liferent for all the days of his lifetime, and to Robert [Boyd], master of Boyd, his eldest son and apparent heir in fee heritably, his male heirs and of tailzie respectively and successively underwritten, of all and sundry the lands, lordship and living of Boyd under-specified, containing the particular lands, lordship and barony and others after-specified, mentioned in the said infeftment under the great seal of the date at Holyroodhouse, 12 January 1591 [1592], in all and sundry points, passages, articles, clauses, immunities, privileges, liberties and circumstances whatsoever therein contained; and decrees and declares for his majesty and his successors foresaid that the same infeftment is, and shall be, in all time coming effectual, good, valid and sufficient to the said Thomas, lord Boyd, during all the days of his lifetime and after his decease to the said Robert, master of Boyd, his male heirs, of tailzie and assignees specified therein, for the peaceable possessing and enjoying of the foresaid lands, lordship and living, with all liberties and privileges contained in the same infeftment, perpetually and in all time coming, according to the tenor and substance thereof in all points, notwithstanding his majesty's revocation made in this present parliament, or to be made in any time hereafter or any others of his highness's acts, laws, statutes or constitutions general or special made of before to the prejudice or derogation thereof, or any of the liberties or privileges expressed in the same, under the which the said infeftment, nor any part thereof, shall never be comprehended by any manner of way, and that act of parliament be made and extended hereupon in most ample and due form, with command in the same to [Alexander Hay of Easter Kennet], clerk register, to insert the said infeftment and charter at length therein for perpetual memory in due form as appropriate, of the which infeftment the tenor follows:
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 we, after our achievement of 21 years of age, have given, granted, conveyed and by the wording of this present charter of ours confirmed to our beloved kinsman Thomas, lord Boyd in free tenement or liferent for all the days of his life, and to Robert, master of Boyd, his elder son and heir apparent, in fee and heritage, and to his male heirs and tailzie respectively and successively mentioned below, all and singly, the lands, lordship and baronies respectively mentioned below, with castles, towers, fortalices, manors, gardens, orchards, mills and multures, fishtraps, outsets, parts, pendicles, breweries, woods, annualrents, annex and connex, tenants, tenancies, services of freeholders, advocations, donations and rights of patronage of churches and chaplaincies of the same, with, all and singly, their pertinents, lying in the bailiary of Cunninghame and within the sheriffdom of Ayr, namely, whole and complete, the lands, lordship and barony of Kilmarnock, with castle, tower, fortalice, manor, gardens, orchards, mills and multures, woods, fishtraps, outsets, parts, pendicles, annex and connex, tenants, tenancies and services of freeholders, and advocation, donation and right of patronage of churches and chapels of the same and all and singly their pertinents; whole and complete the lands and barony of Dalry, with their manor, gardens, orchards, mills and multures, woods, fishtraps, parts and pendicles, annex and connex, tenants, tenancies and services of freeholders, advocation, donation and right of patronage of churches and chapels of the same and all their pertinents regarding and pertaining to them; whole and complete the lands and barony of Kilbride, with their manor, gardens, orchards, mills and multures, woods, fishtraps, outsets, parts and pendicles, annex and connex, tenants, tenancies and services of freeholders, advocation, donation and right of patronage and all their pertinents as explained above; whole and complete the lands of Flatt, with mills, fishtraps and other things mentioned above relating and pertaining to them; whole and complete, the lands of Montfode, with their pertinents, whole and complete the lands of Ryvisdaill muir, with manor and other things specified above relating to them, whole and complete, the lands of Noddsdale, with their mill and other things mentioned above relating and pertaining to them, and also, whole and complete, the ten merk land of Portencross and Ardneil, with tower, fortalice and manor, and all and singly their parts, pendicles and their pertinents, and also whole and complete the three pound land of Giffordland, also called Netherton, with manor, gardens, orchards and mills of the same, with obligations and other multures relating to it, whole and complete the six merk land of Bradshaw, with their pertinents, and also whole and complete the two merk land of Knockendon, all at the old extent as has been said lying, with, all and complete, their parts, pertinents, tenants, tenancies and services of freeholders. All and singly the foresaid lands, lordship and baronies respectively mentioned above, with their castles, towers, fortalices, manors, gardens, orchards, mills and multures and fishtraps, outsets, parts, pendicles, woods, annualrents, annex and connex, tenants, tenancies and services of freeholders, advocation, donation and right of patronage of churches, benefices and chaplaincies of the same, with their pertinents, all and singly mentioned above formerly belonged in heritage to the foresaid Thomas Boyd, and were held by him and his predecessors immediately from us and our most noble parents as princes and stewards of Scotland. He, of his own accord, rendered and purely and simply surrendered them at Holyroodhouse through his lawful procurators appointed specially for this in his name and through his letters patent by staff and by baston into our hands as is the custom, as if into the hands of their superior, with all right, title, interest, legal claim, property and possession which he had in relation to them or could have had in any way in the future, and completely renounced them in perpetuity, in return for this new infeftment of ours to be given in this way in the following fashion and not otherwise. Further, for the good, loyal and gracious service offered and given to us and our most noble parents in the past by the foresaid Thomas, lord Boyd and his predecessors, and for certain sums of money as an assessment paid to our treasurer in our name, and for other reasonable causes and considerations which influence us, from our certain knowledge and proper motive, we give afresh, grant and for ourselves and our successors in perpetuity confirm to the said Thomas, lord Boyd in free tenement or liferent for all the days of his life, and to the oftmentioned Robert, master of Boyd, his elder son and heir apparent, in fee and heritage, and to his male heirs and of tailzie mentioned below, whole and complete the forementioned lands, lordship and barony of Kilmarnock, with castle, tower, fortalice, manor, gardens, orchards, mills and multures, woods and fishtraps, outsets, parts, pendicles, annex and connex, tenants, tenancies, services of freeholders, advocation, donation and right of patronage of churches and chaplaincies of the same and all their pertinents relating to them, whole and complete, the lands and barony of Dalry, with their manor, gardens, orchards, mills and multures, woods, fishtraps, outsets, parts and pendicles, annex and connex, tenants, tenancies and services of freeholders, advocation, donation and right of patronage of churches and chapels of the same and all their pertinents regarding and pertaining to them; whole and complete the lands and barony of Kilbride, with their manor, gardens, orchards, mills and multures, woods, fishtraps, outsets, parts and pendicles, annex and connex, tenants, tenancies and services of freeholders, advocation, donation and right of patronage and all their pertinents as explained above; whole and complete the lands of Flatt, with mills, fishtraps and other things mentioned above relating and pertaining to them; whole and complete the lands of Montfode, with their pertinents, whole and complete the lands of Ryvisdaill muir, with manor and other things specified above relating and pertaining to them, whole and complete the lands of Noddsdale, with their mill and other things mentioned above relating and pertaining to them, and also, whole and complete, the ten merk land of Portencross and Ardneil, with tower, fortalice and manor, and all and singly their parts, pendicles and their pertinents, and also whole and complete the three pound land of Giffordland, also called Netherton, with manor, gardens, orchards and mills of the same with obligations and other multures relating to it, whole and complete the six merk land of Bradshaw, with their pertinents, and also whole and complete the two merk land of Knockendon, all at the old extent, lying as above, with, all and singly, their parts and pendicles, tenants, tenancies and services of freeholders, and also all and singly the lands and townships specified below, which are proper parts and pertinents of the lands and baronies mentioned below, namely: whole and complete the five merk land of Assloss, and the five merk land of Meynfurde, which are properly parts and pertinents of the foresaid barony of Kilmarnock, and also whole and complete the six merk land of Lyne, commonly called Croftfoot, and the three merk land of Lyne, commonly called Crofthead, which are properly parts and pertinents of the said barony of Dalry, together with every right, title, interest, legal claim, of claimant as well as possessor, which we, for ourselves or our predecessors or successors as kings or princes of Scotland, had, have or could in any way have or claim to have towards them or any part of them, their taxes, ferms, profits or dues, in any year or at any term in the past, by reason of escheat, forfeiture, non-entry, relief, recognition, purpresture, disclamation of bastardy of the last heir, infeftments, sasines, or returns, reduction, special revocations or general examinations, proof, negation or resignation, any rights or services regarding the foresaid lands, lordship, barony and other things mentioned above, or in any part due or required or regarding which could be exacted, or for any other reason, cause or occasion in the past preceding the date of our present charter, or whatever right and title, by which the forementioned lands, lordship, baronies, and other things rehearsed above or any parts of them, taxes, ferms, profits or dues which pertained, pertain or could pertain to us, our predecessors or successors, for any cause or occasion in the past; we renounce, quitclaim, exonerate, convey and transfer them totally, from us and our successors, to the forementioned Thomas, lord Boyd and Robert, master of Boyd, his foresaid son, and to their male heirs and tailzie mentioned below, together with every action, right, cause, claim and subject of litigation which we, our predecessors or successors had, have or in any way were able to have or claim in and towards the foresaid lands, lordship, baronies, advocations, donations and other things contained above, or any part of them, their taxes, ferms, profits and dues past and future, for any action and cause in the past; similarly we renounce on behalf of ourselves and our successors all actions of non-entry, error and recognition, and any other processes claimed or intended or which could be claimed or intended by us, our predecessors or successors or any of ours, our treasurers or advocates in our names against the foresaid Thomas, lord Boyd, lord Robert, master of Boyd, his son, or any of his male heirs and tailzie mentioned below regarding the foresaid lands, lordship, baronies or anything else mentioned above, also inhibiting and forbidding our advocates present and future and their deputes from undertaking any summons and prosecution regarding them and about their offices in that part, and similarly inhibiting and forbidding the lords of our council and session and all other justices and officials from all process and decision regarding them and their offices similarly in that part; also with an agreement not to challenge, and with supplement of all errors whether named or not which we wish to have in this present charter of ours as if expressed; also we shall never move an action, lawsuit or inquiry relating thereto in future. Furthermore, for the reasons mentioned above, we newly elevate, unite, annex, incorporate and create, all and singly, the forementioned lands, lordship and baronies with their above-mentioned pendicles and other things specified above, with their castles, towers, fortalices, manors, gardens, orchards, mills and multures, woods, fishtraps, outsets, parts and pendicles, annualrents, annex and connex, tenants, tenancies and services of freeholders, advocation, donation and right of patronage of the churches, chaplaincies and benefices of the same and all their pertinents specified above, as one free lordship and free barony for all times to come, to be called the lordship and barony of Kilmarnock. Also we wish and grant and, on behalf of ourselves and our successors, decree and ordain that the castle and manor of Kilmarnock shall be the principal messuage of the said lordship and barony and that a single sasine to be taken at this principal messuage now and for all time to come by the foresaid Thomas, lord Boyd and his foresaid son, heirs and tailzie mentioned below shall stand and be a sufficient sasine for, all and singly, the lands, baronies, castles, towers, fortalices, manors, mills, woods, fishtraps, annualrents, parts, pendicles, annex and connex, tenants, tenancies and services of freeholders, advocations and donations and rights of patronage of churches, benefices and chaplaincies of the same, and all the parts, pendicles and pertinents specified above, and for any part of them, without any specific or particular sasines regarding them to be taken in the future at any other part or place of the same; notwithstanding that they do not lie together and contiguously, in respect of which we, on behalf of ourselves and our foresaids, by the contents of our present charter, now and in perpetuity, do make a grant. Further, because of the special love and favour which we bear and have towards the foresaid Thomas, lord Boyd, and because of the policies and buildings lying in the Kirkton of Kilmarnock, within the said barony of the same and our foresaid sheriffdom, for the easement and housing of the inhabitants and of our lieges frequenting it, by the contents of our present charter, we infeft, elevate and create and make the said township called the Kirkton of Kilmarnock and its lands, with their pertinents, into a free burgh of barony in perpetuity, for all times to come, to be called the burgh or town of Kirkton of Kilmarnock, and we give and grant to the inhabitants and residents of the said burgh, present and future, full part, facility and free part to buy and sell in the burgh wine, wax, cloth, wool and linen, broad and narrow, and other merchandise, and to have and hold in the said burgh bakers, brewers, butchers and fishmongers, and all other craftsmen relating to a free burgh of barony, and also we grant that there may be free burgesses in the foresaid burgh, and that they themselves, with the consent of the said Thomas, lord Boyd, his son and heir apparent the master of Boyd, his male heirs and tailzie mentioned below, may have the authority annually in future to choose bailies and officials for the administration and government of the said burgh, and that the said burgesses and inhabitants may have and hold a market cross and a weekly market on Saturdays, and a free fair each year on 20 October, lasting for a week, with full authority to the foresaid Thomas, lord Boyd and his foresaid son, male heirs and tailzie mentioned below, to lease and rent their lands adjacent to the foresaid town of Kilmarnock in whole or in burgh particates for the making of buildings and houses on them in feu ferm, with all tolls, customs, privileges and liberties relating or capable of relating in any way in the future to a free fair and a free burgh of barony, similarly and as freely as any burgh of barony within this kingdom has been infefted. Whole and complete - the forementioned lands, lordship and barony of Kilmarnock, with castle, tower, fortalice, manor, gardens, orchards, mills and multures, woods, fishtraps, outsets, parts, pendicles, annex and connex, tenants, tenancies and services of freeholders, advocation, donation and right of patronage of churches and chaplaincies of the same, and their pertinents; whole and complete the lands and barony of Dalry, with their manor, gardens, orchards, mills and multures, woods, fishtraps, parts and pendicles, annex and connex, tenants, tenancies and services of freeholders, advocation, donation and right of patronage of churches and chapels of the same and all their pertinents regarding and pertaining to them; whole and complete the lands and barony of Kilbride, with their manor, gardens, orchards, mills and multures, woods, fishtraps, parts and pendicles, annex and connex, tenants, tenancies and services of freeholders, advocation, donation and right of patronage of churches and chaplaincies of the same and all their pertinents as explained above; whole and complete the lands of Flatt, with mills, fishtraps and other things mentioned above relating and pertaining to them; whole and complete the lands of Montfode, with their pertinents, whole and complete the lands of Ryvisdaill muir, with manor and other things specified above, whole and complete the lands of Noddsdale, with their mill and other things mentioned above relating to them, and also, whole and complete, the ten merk land of Portencross and Ardneil, with tower, fortalice and manor, and all and singly their parts, pendicles and their pertinents, whole and complete the three merk land of Giffordland, also called Netherton, with manor, gardens, orchards and mills of the same, with obligations and other multures relating to it, whole and complete the six merk land of Bradshaw, with their pertinents, and similarly whole and complete the two merk land of Knockendon, all at the old extent as has been said lying with, all and singly, their pertinents, tenants, tenancies and services of freeholders and all their pertinents referred to above - are to be held and had; also all and singly the lands and townships specified below, which are proper parts and pertinents of the lands and baronies mentioned above, namely: whole and complete the five merk land of Assloss, and five merk land of Meynfurde, whole and complete the six merk land of Lyne, commonly called Croftfoot, and the three merk land of Lyne, commonly called Crofthead, with all their pertinents - are to be held and had by the foresaid Thomas, lord Boyd, in free tenement or liferent, for all the days of his life, and by the oftmentioned Robert, master of Boyd, his elder son and heir apparent, in fee and heritage, and by his legitimate male heirs to be born, whom failing, by Thomas Boyd, his full brother, his male heirs and his legitimate male heirs to be born, whom failing, by Adam Boyd, also his full brother and his legitimate male heirs to be born, whom failing, by any other male heirs already born to the said Thomas, lord Boyd, at any time preceding his death, and male heirs born of them, whom failing by Robert Boyd of Badenheath, full brother of the said Thomas, lord Boyd and his legitimate male heirs to be born, whom failing by Adam Boyd of Penkill and his legitimate male heirs born or to be born, all of whom failing (may it not happen) by the closer and legitimate male heirs of the said Thomas, lord Boyd bearing the name and arms of Boyd, namely the foresaid burgh or town of Kirkton of Kilmarnock, from us and our successors as princes and stewards of Scotland in free burgh and barony - and the foresaid other lands, lordship and baronies with their pendicles mentioned above, and other lands particularly specified above, with their castles, towers, fortalices, manors, gardens, orchards, mills and multures, fishtraps, outsets, parts, pendicles, woods, annualrents, annex and connex, tenants, tenancies and services of freeholders, advocations, donations and right of patronage of churches, benefices and chaplaincies of the same, and all their pertinents set out above, from us and our said successors as princes and stewards of Scotland as has been said, in fee and heritage in perpetuity, in one free lordship and free barony as has been said, by all their correct ancient measures and divisions, as they lie in longitude and latitude, in houses, buildings, plains and muirs, marshes, roads and paths, waters, pools and streams, meadows, pastures and grazings, mills, multures and their consequents, fowling, hunting and fishtraps, peat mosses, turfbeds, coals, coalworkings, rabbits, warrens, pigeons and dovecotes, workshops, breweries, brewhouses, whins, woods, groves and thickets, wood, timber, stoneworkings, stone and lime, with courts, pleas, inheritance payments, bloodwit and marriage of women, outcomes and amercements, escheats, lordship courts, with furca et fossa, soke and sac, toll and theame, infangthief and outfangthief, pit and gallows, with common pasture, free entry and exit, with free forests in all places where woods are or were, within the forementioned lands, with the privilege of forest courts, outcomes, amercements and escheats of the same, and wrack, vert, wair and venison, with, all and singly, the privileges of a free barony and free forests, and with, all and singly, the freedoms, advantages, profits and easements and any just pertinents whether named or not, under or above ground, far and near, pertaining, relating or justly capable of relating in any way in future to the foresaid lands, lordship and baronies with all their pertinents, freely, quietly, fully, completely, honourably, well and in peace in a similar way and as freely, in all and through all, as the said Thomas, lord Boyd and his predecessors held and possessed them, from us and our successors as princes and stewards of Scotland before the said surrender. In return, each year the foresaid Thomas, lord Boyd, for the duration of his life, and after his death the said Robert, master of Boyd, his son and heir apparent, and his male heirs and of tailzie respectively as named above, shall render to us and to our successors as princes and stewards of Scotland the rights and services due and customary to us and our predecessors before the said surrender, in accordance with the contents of the old infeftment. In witness of this we have instructed our great seal to be applied to this present charter of ours. Witnesses were our beloved kinsmen and councillors John [Hamilton], lord Hamilton, commendator of Arbroath, William [Douglas], earl of Angus, lord Douglas and Abernethy, etc., George [Keith], earl Marischal, lord Keith, etc. marischal of our realm, our beloved familiars and councillors John [Maitland], lord Thirlestane, etc., our chancellor, Lord Richard Cockburn, younger, of Clerkington, our secretary, Walter [Stewart], prior of Blantyre, keeper of our privy seal, Alexander Hay of Easter Kennet, clerk of our rolls of registry and council, Lord John Cockburn of Ormiston, knight, our justice clerk, and Master William Scott of Grange[muir], director of our chancellery, at Holyroodhouse on 12 January in the year of the Lord 1591 [1592] and in the twenty-fifth year of our reign.
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†Our sovereign lord, now after his age of 25 years, with advice of the estates of this realm and whole body of this present parliament, ratifies, approves and, for his majesty and his successors, perpetually confirms the charter and new infeftment, donation, disposition and renunciation therein contained, made and granted by his highness after his perfect age of 21 years complete and general revocation declared in parliament, to his majesty's beloved Dame Agnes Leslie, spouse to his highness's right trusty cousin and councillor, William, earl of Morton, lord Dalkeith, during all the days of her lifetime, of all and whole the castle, palace, tower and fortalice of Dalkeith, with yards, orchards, parks, woods, mills, fishings, dovecots and their pertinents, under provision that the said Dame Agnes should keep and preserve the said woods or cut none thereof, or convey thereupon, except so much as should be necessary to the houses and mills contained in the said infeftment underwritten, together with the property of all and sundry the lands and others particularly after-following specified therein; and to the said William, earl of Morton, his male heirs, of tailzie and assignees after-specified in fee heritably, of all and whole the earldom of Morton, containing the particular lands, lordships, baronies and regality mentioned below, at length specified in the said infeftment under the great seal of the date at Edinburgh, 20 June 1589; together with the other infeftment of confirmation of the foresaid infeftment, containing therein a new disposition and renunciation in manner following, made and granted by his majesty after his age of 25 years complete to the said Dame Agnes Leslie in liferent during all the days of her lifetime, of all and whole the said castle, palace, tower and fortalice of Dalkeith, with the yards, orchards, woods, mills, fishings and others particularly after-specified contained in the said infeftment, and to the said William, earl of Morton, his male heirs, of tailzie and assignees under-specified, containing the particular lands, lordships, baronies, regality and others mentioned below of the said earldom of Morton, at length specified in the said infeftment under the great seal of the date at Holyroodhouse, 29 May 1592, with all and sundry other infeftments, services, retours and sasines passed thereupon, granted to the said William, earl of Morton or any of his predecessors upon the said earldom of Morton, lordship and regality of Dalkeith or any part thereof in any time bygone, in all and sundry points, passages, articles, clauses, immunities, privileges, liberties, conditions and circumstances whatsoever therein contained; and decrees and declares for his majesty and his successors foresaid that the same infeftments, services, retours and sasines passed and made in favour of the said William, earl of Morton and his foresaids presently are, have been since the first making thereof and shall be in all time coming effectual, good, valid and sufficient in themselves to the said William, earl of Morton, his male heirs, of tailzie and assignees specified therein for the peaceable possessing and enjoying of the said whole earldom of Morton, lordship and regality of Dalkeith, containing the particular lands, lordships and others following contained in the said infeftments and others above-written, perpetually and in all time coming according to the tenors and substance thereof in all points, notwithstanding whatsoever right our said sovereign lord or his successors has or may pretend thereto or any of the liberties and privileges contained therein, by forfeiture, inability of any person or persons, or yet his majesty's revocation made in this present parliament at any time before, or any other of his highness's acts, laws, statutes or constitutions of this realm, general or special, made to the prejudice or derogation of the foresaid infeftments, services, retours or sasines following thereupon, or any of the liberties or privileges expressed in the same, under the which the same, nor any part thereof, shall never be comprehended by any manner of way.
[1592/4/205]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, now after his age of 25 years, with advice of the estates of this realm, ratifies, approves and, for his majesty and his successors, perpetually confirms the charter and infeftment made and granted by his majesty after his age foresaid to his highness's trusty cousin James, lord Hay of Yester, and to his male heirs and of tailzie specified in the charter and infeftment underwritten, of all and sundry the lands, lordship and living of Yester, and others contained in the said infeftment under the great seal, of the date at Perth, 29 May 1591, in all and sundry points, passages, articles, clauses, immunities, privileges, liberties and circumstances whatsoever therein contained; and decrees and declares for his majesty and his successors foresaid that the same infeftment is, and shall be in all time coming, effectual, good, valid and sufficient to the said James, lord Hay of Yester, his male heirs, of tailzie and assignees specified therein, for the peaceable possessing and enjoying of the foresaid lands, lordship and living, with all liberties and privileges contained in the same infeftment perpetually and in all time coming according to the tenor and substance thereof in all points, notwithstanding whatsoever his majesty's revocations made at any time of before, or any others of his highness's acts, laws, statutes or constitutions, general or special, made to the prejudice or derogation thereof, or any of the liberties or privileges expressed in the same, under the which the said infeftment, nor any part thereof, shall never be comprehended by any manner of way.
[1592/4/206]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord now after his age of 25 years, with advice of the estates of this realm convened at this present parliament, ratifies, approves and, for his majesty and his successors, perpetually confirms the charter and infeftment made and granted by his majesty to his highness's beloved John Livingstone, elder, of Dunipace, in liferent for all the days of his lifetime, and to John Livingstone, his son and apparent heir, in freehold and liferent for all the days of his lifetime after his said father's decease when it shall happen, and to John Livingstone, son and apparent heir to the said John Livingstone, apparent heir of Dunipace, his heirs and assignees in fee heritably, of all and sundry the lands and others after-specified, which are their own proper lands and heritages, with all liberties and privileges contained in the said infeftment according to the tenor and substance thereof in all points. Likewise his majesty wills and declares and, by this ratification, expressly decrees and ordains that it shall not be permissible to the said John Livingstone, elder, and John Livingstone, younger, of Dunipace, freeholders and life-renters foresaid, in any time coming during their lifetimes to hurt or prejudice the said John Livingstone, son to the said John Livingstone, younger, of Dunipace, fiar foresaid, his heirs or assignees, regarding the lands, baronies and others mentioned below and their pertinents pertaining to him after their deaths, nor make the same in any war, estate nor condition, than the same presently are.
[1592/4/207]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, now after his age of 25 years, with advice of the estates of this realm, ratifies, approves and, for his majesty and his successors, perpetually confirms the charter and infeftment made and granted by his majesty after his age foresaid to his majesty's beloved George Sinclair of May, his heirs and assignees whatsoever, of all and sundry the lands, baronies, offices, advocations, donations and rights of patronages of the parsonages and vicarages of the kirks and others presently underwritten, specified in the said infeftment under the great seal of the date at Holyroodhouse, 18 December 1591, passed by virtue of the resignation made by the said George in his highness's hands, in all and sundry points, passages, articles and clauses, immunities, privileges, liberties and circumstances whatsoever therein contained; and decrees and declares for his majesty and his successors foresaid that the same infeftment is, and shall be in all time coming, effectual, good, valid and sufficient to the said George Sinclair, his heirs and assignees foresaid for the peaceable possessing and enjoying of the foresaid lands, baronies and others mentioned below contained in the said infeftment, with all liberties and privileges specified in the same, perpetually and in all time coming according to the tenor and substance thereof in all points, notwithstanding his majesty's revocation made in this present parliament in any time heretofore, or any others of his highness's acts, statutes or constitutions, general or special, made to the prejudice or derogation thereof, or any of the liberties or privileges expressed in the same, under the which the said infeftment, nor any part thereof, shall never be comprehended by any manner of way; and also notwithstanding whatsoever other infeftments or securities made and granted by his majesty, or any other person or persons of the said lands, baronies or others above and after specified or any part thereof, in hurt and prejudice of the said George Sinclair, his heirs and assignees relating thereto; which his majesty, with advice foresaid, for his highness and his successors, expressly revokes, makes void and annuls by the tenor of this ratification, and decrees and declares the same to have been from the beginning and to be in all time coming null and of no value, force nor effect as if the same had never been made.
[1592/4/208]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of the estates of parliament, has ratified, approved and confirmed and, by the tenor hereof, for him and his successors, ratifies, approves and confirms the charter and infeftment made and granted by his majesty to Martin Elliott of Braidlie in liferent for all the days of his life, and to Simon Elliott, his eldest son, his heirs and assignees, of all and whole the ten pound land of old extent of Philhope, with their pertinents, lying within the barony of Hawick and by annexation within the sheriffdom of Selkirk, together with the teind sheaves and other teinds, fruits, rents, emoluments and duties, as well parsonage as vicarage, of the parish kirk of Castleton, lying in the lordship and regality of Liddesdale and sheriffdom of Roxburgh, as the said charter and infeftment made thereupon under his majesty's great seal, of the date 9 February 1591 [1592], at length purports in all and sundry points, clauses and articles therein contained after the form and tenor thereof, to have full strength and effect in time coming.
[1592/4/209]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament have now seen, read and diligently considered the charter and infeftments heritably made and granted by his majesty of before under his highness's great seal after his perfect age of 21 years complete and after the annexation of all kirk lands within this realm to his highness's crown, with advice and consent of his lords of secret council and officers of state therein mentioned, to his trusty cousin and councillor Alexander, now lord Spynie, then called Master Alexander Lindsay, vice chamberlain to our sovereign lord, his heirs and assignees heritably, of all and sundry the lands, lordships, baronies, regalities, castles, towers, fortalices, manor places, mills, multures, woods, fishings, parks, meadows, forests, teind fishes, feu ferm, annualrents, mails, duties, casualties, tenants, tenancies, services of free tenants and others whatsoever specified particularly in the said charter pertaining of old to the bishopric of Moray and whereof the bishops of the same had been in possession as parts of the patrimony thereof in any time bygone; together with the advocation, donation and right of patronage of all and sundry the parish kirks in the said charter pertaining of before to the said bishopric of Moray and lying within the diocese thereof, with the privileges of the same and others specified in the said charter, all united, annexed and incorporated by virtue thereof in a free barony called and to be called the barony of Spynie, as the said charter, containing sundry other commodities, privileges, clauses and articles, of the date at Holyroodhouse, 6 May 1590, at more length purports. And our sovereign lord, with the estates foresaid, having now deeply weighed and considered the causes specified in the said charter, for the which the same was made and granted, and namely the good, thankful and notable service done by the said Alexander, lord Spynie, to his majesty in his voyage to Norway and Denmark for conducting and bringing home of his highness's dearest spouse Anne, by the grace of God, queen of Scots, daughter lawful to the late Frederick [II], king of Denmark; wherein the said Alexander, lord Spynie, having remained a long space, which was to him very costly and chargeable, beside his honourable services then done with his careful and diligent attendance upon our sovereign lord's most noble person, the said Alexander, lord Spynie, at that same time by his credit, means and diligence furnished and disbursed to our said sovereign lord and, at his desire in his highness's necessary affairs, for advancement of his royal estate, honour and common welfare of this realm, diverse great sums of money, surmounting in the whole to the sum of 8,000 crowns of the sun†; which causes, services and disbursements of the sums above-mentioned being sufficiently verified and proven to his majesty and the forenamed estates in plain parliament, they find, decree and declare the same, with the said Alexander, lord Spynie's other manifold, true and thankful services done and bestowed daily and continually from his very youth to our said sovereign lord in the most part of his highness's weighty and notable affairs, to have been and to be accounted seen causes tending to the advancement of his majesty's honour, preservation of his majesty's noble person and to the profit of the common welfare of this realm; in respect whereof and to make the said Alexander, lord Spynie, his heirs and successors more able to continue in the like honourable and profitable services in time coming, therefore, and for sundry other causes and considerations, our said sovereign lord and estates above-mentioned, find, decree and declare that his highness might lawfully have conveyed and alienated, and may hereafter of new give, grant, transfer and convey heritably to the said said Alexander, lord Spynie, his heirs and assignees, and to such others with him as he shall nominate and design, all and sundry the forenamed lands, baronies, mills, multures, feu ferms, tenancies, right of patronages and others whatsoever above-rehearsed, as well in special or in general mentioned in the said anterior infeftment, to be held in manner and for payment of the yearly duty therein contained. And consequently, our sovereign lord and estates above-mentioned find, decree and declare that the said former infeftment was lawfully made and granted to the said Alexander, lord Spynie and his foresaids; and by the tenor hereof ratify, approve and perpetually confirm the same, with the precept and instrument of sasine following thereupon and whole contents thereof in all their clauses, points, articles, conditions and circumstances specified therein and interpose their decreet and authority thereto; and also decree and declare that the same former charter, infeftment and sasine was from the beginning and shall be in all time coming good, valuable, sufficient and effectual rights and titles to the said Alexander, lord Spynie and his foresaids for holding, enjoying, using and possessing of all and sundry the forenamed lands, baronies, lordship and others above-rehearsed specified therein, heritably and perpetually after the tenor thereof, notwithstanding the act of parliament made upon 29 July 1587, regarding the foresaid annexation of all kirk lands within this realm to his majesty's crown, and of all his highness's revocations, special and general (from the which our sovereign lord and estates foresaid decree and declare the said former infeftment to be now and in all time coming expressly excepted), and notwithstanding of whatsoever other acts, statutes or constitutions made of before that might or may be interpreted in the contrary and of whatsoever other defections; with the which, his majesty and estates foresaid dispense for ever by this present act, and ordain the said former charter as need be to be inserted word by word herein, whereof the tenor follows:
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 - after not only we but also the lords of our privy council and the undernoted officials of our royal position, namely Lord John Maitland of Thirlestane, our chancellor, and secretary, Master Thomas Lyon of Baldukie, steward of our treasury, Lord Robert Melville of Murdocairnie, vice steward of our treasury, Lord Lewis Bellenden of Auchnoull, our justice clerk, knights, and Master Robert Douglas, provost of Lincluden, our collector general, now purposely called together, to investigate the truth in this regard, which is more than adequately well known by that investigation - it was demonstrated that our beloved kinsman and trustworthy councillor Master Alexander Lindsay, our vice chamberlain for many years now, indeed from his childhood, has brought to every kind of office in relation to us, in many ways and on almost every occasion, the greatest diligence and an amazing disposition of mind to the carrying out our functions and services both within the borders of our kingdom and also among foreign peoples, and especially that, fired by great assiduity towards us, he accompanied us on our recent journey to Norway and Denmark, so that the sea journey of a most illustrious and excellent princess and queen, our dearest wife, might proceed to our land the more safely. In the execution of this, it is abundantly clear that the same Master Alexander - with as much and as great effort, loyalty and indeed scale of expenditure he could, and with great burden and loss to his inheritance and goods - graciously assisted our journey from departure to return, with no consideration for expense, in a manner pleasing to us, a compliment to our wife and an advantage to country and state, and not only for the majesty of our realm but also for the foresaid lords of the privy council and the officials of our royal position. We, with the advice and consent of the forementioned, wishing to make satisfaction for the foresaid expenses, offices and burdens as occasion and opportunity offer day by day, and now being fully aware of the same Master Alexander's promptitude of mind and steady affection towards us and our service, which is to remain in perpetuity firm in all and every duty in this way with the utmost legality and obedience, as we are sufficiently persuaded, [we] have considered it out of keeping with our majesty to deprive such pleasing obedience and continual efforts of the rewards which are more than deserved. Therefore, overcome by so many kindnesses and moved by various other causes and reasons, so that we may be seen to satisfy these to some extent until a better occasion to repay the [grace] occurs in future, we therefore, after our lawful achievement of the age of 21 proclaimed by three public committees of our realm when the estates were called together, after our general revocation made at these, and now with the express advice and consent of the foresaid lords of our privy council and of the foresaid officials of our royal position mentioned above, we have given, granted and conveyed, and indeed by the contents of our present charter do give, grant and convey in favour of the foresaid Master Alexander Lindsay and his heirs and assignees in perpetuity, all and singly, the lands, lordships, baronies, regalities, castles, towers, fortalices, manors, mills and multures, woods, fishings, groves, parks, meadows, forests, fish tithes, feu ferms, annualrents, taxes, ferms, kanes, customs, casual payments, profits, and dues, with tenants, tenancies and services of freeholders, and other things mentioned below, namely: whole and complete the lands, lordship and barony of Spynie, with castles, towers and fortalices, mills, multures and their consequents, woods, groves, parks, wards, meadows, forests, lochs, salmon fishings and other fishings, and any parts, pendicles, annex and connex, townships, outsets, tenants, tenancies and services of freeholders of the same and all their pertinents, lying within our sheriffdom of Elgin and Forres, and also with the regality of Spynie, the privileges, jurisdictions and immunities of the same, and a free chancellery and chancellorship relating to it within all the foresaid parts or limits of the lands, lordships and baronies specified above and following; whole and complete the lands, lordship and barony of Kinedder; whole and complete the lands, lordship and barony of Birneth; whole and complete the lands, lordship and barony of Rafford; whole and complete the lands, lordship and barony of Ardclach, lying within our sheriffdom of Elgin and Forres; whole and complete the lands, lordship and barony of Kinmylies, lying within our sheriffdom of Inverness; whole and complete the lordship and barony of Strathspey, lying within our sheriffdom of Elgin and Forres; whole and complete the lands, lordship and barony of Moy, lying within the same sheriffdom of Elgin and Forres; whole and complete the lands, lordship and barony of Keith, lying within our sheriffdom of Banff, with, all and singly, castles, towers, fortalices, manors, mills, multures and their consequents, woods, groves, parks, wards, meadows, forests, lochs, salmon fishings and any other fishings, dovecotes, warrens, parts, pendicles, annex and connex, townships, outsets, tenants, tenancies and services of freeholders of, all and singly, the lands, lordships and baronies specified above, with all their pertinents, lying within our diocese of Moray and of old relating to its episcopate as if parts of its patrimony, together with, all and singly, feu ferms, other taxes, ferms, kanes, customs, profits, advantages, tenants, tenancies and services of freeholders, superiorities, privileges of regalities, and any other jurisdictions, offices, rights, privileges, preferments and immunities of, all and singly, the foresaid lands, lordships and baronies, castles, towers, mills, woods, forests, fishings and other things specified above; also with all annualrents, drylands, multures, dues and emoluments of the same or due and accustomed to be paid of any part of them; and similarly whole and complete the salmon teinds and other salmon duly and customarily formerly paid to the bishops of Moray at the time and their tenants or servants in their name, regarding, all and singly, boats and small boats and salmon fishings on the water of Inverspey; which, all and singly - the foresaid lands, lordships, baronies, towers, castles, mills and multures, woods, groves, forests, fishings, tenants, tenancies, and other things mentioned above, with the forenamed feu ferms, and other taxes, dues, annualrents, drylands, multures, regality privileges and jurisdictions, teinds of salmon, salmon fishings, and anything else mentioned above, from of old belonged to the episcopate of Moray and its benefice as if parts of its temporal patrimony; the bishops of the said episcopate at the time, before living memory, retained these in their possession, and they have now come into our hands and pertained to us and do so pertain, by virtue of the general act of annexation of church lands and rents within the realm of our crown, which was promulgated in our parliament held in Edinburgh on 29 July in the year of the Lord 1587; further, all and singly, the other lands, baronies, towers, fortalices, mansions and manors, houses, buildings, gardens and orchards, together with dovecotes, warrens, mills and multures, parks, wards, groves, forests, fishings, townships, outsets, tenants, tenancies and services of freeholders, superiorities, feu ferms, and any other taxes, kanes, customs, profits, dues, annualrents, privileges, jurisdictions, offices, immunities, preeminencies, fish teinds, easements and emoluments which formerly belonged to the said episcopate of Moray and its benefice as if parts of its patrimony, and which were, as has been said, in the possession of the bishops of Moray at any time in the past, and which thereafter by virtue of the said act of annexation or for any other reason or by any other means came into our hands or those of our predecessors, or which have belonged, or in future could belong, to us or our successors, for any reason or by any laws, statutes or acts of parliament made or to be made regarding them. The fruits and advantages of these lands and other things mentioned above came into our hands as a result of the death of the late George Douglas, most recent bishop of the episcopate of Moray, on whose death they fell vacant [and came] into our hands. Therefore we, with the advice of the above-mentioned, considering that, all and singly, the following parish churches - namely the parish churches of Elgin and St Andrews in Moray, and the parish churches of Dyke, Rothiemay, Keith, Gartly, Wardlaw,† Rothiemurchus, Daviot, Tallarice, Inverallen, Ogston and Drumdelgie - together with all teinds, teind sheaves and other teinds relating to the demesne churches and parishes of the same, formerly belonged to the said episcopate of Moray as if parts of its patrimony, and lie within the diocese of the said episcopate, in such a way that they were destitute of rectors of the demesne church, and of vicars at all (their continued residence there was absolutely necessary so that they could teach the people and parishioners of the said churches the basics of the true Christian religion, instruct them in the divine word of God, and administer the sacraments there at all the due and customary times), so that that huge omission could be repaired and so that they could observe the dogmas and constitutions of the Christian religion in the same churches and parishes, above all working for the propagation of the word of God, we, with the advice and consent of the foresaid, do dismantle and dissolve, and by the contents of our present charter do dismantle and dissolve, all and singly, the foresaid parish churches, rectories and vicarages of the same, with, in their entirety, the teinds, teind sheaves and any other teinds, manses, glebes, rents and other privileges formerly relating to them, with all foundations from which they proceeded from the said episcopate and its patrimony for all time to come, and by our royal power and authority with the above-mentioned advice we have elevated and by the contents of our present charter do elevate the rectory in each of the forementioned churches of Elgin and St Andrews in Moray, of Dyke, Rothiemay, Keith, Gartly, Wardlaw, Rothiemurchus, Daviot, Tallarice, Inverallen, Ogston and Drumdelgie, rectories which henceforth are to take their titles and names from the same parish churches respectively; also we give, grant, convey and unite by the contents of our present charter, all and singly, the teinds, teind sheaves and any other teinds, manses, glebes, rents and all emoluments of the rectories and vicarages of each of the said parish churches respectively, mentioned above, and also the ministers and rectors mentioned below for their maintenance, to whom the care or administration of the said churches is committed in perpetuity. That this may happen the better, we, with the foresaid consent, have decreed, established and ordained that in each of the said parish churches for all time to come a rector shall be provided of sufficient erudition and reading that he may, after proper examination of his morals, integrity and doctrine, be found suitable to teach the parishioners of the said churches the precepts of true and Christian religion as mentioned above, and administer the sacraments according to the method prescribed by the word of God, and be able to do everything which pertains to the office of minister, and which other rectors, vicars and ministers are and shall be bound to do as a result of their office within our realm. Annual stipends shall be established for their maintenance from the foresaid church teinds, fruits and rents as set out before. Also, so that all of these things may be carried out the more precisely, and so that men of outstanding erudition and moral probity may be presented to each church when necessary, we, with the consent and advice of the foresaid, have given, granted and conveyed, and by the wording of our present charter do give, grant and convey and in perpetuity confirm to the foresaid Master Alexander Lindsay, his heirs and assignees in heritage the advocation, donation, and full right and title of patronage of, all and singly, the rectories, vicarages and parish churches specified above with, all and singly, the privileges and advantages relating or capable of relating to them, together with all right, title, action and interest which we, our predecessors or successors have, shall be able to claim, or could claim to have in any way in respect of them, whether by devolution of church patrons to our person, according to laws or constitutions of our realm, or otherwise by law and the privilege of our crown following the method and custom of antiquity and observed in the past in regard to them. Therefore on behalf of ourselves and our successors and with the foresaid advice and by the wording of our present charter, we unify, conjoin, annex and incorporate the said advocation, donation and right of patronage of, all and singly, the forementioned rectories, vicarages and churches into and to the undermentioned barony of Spynie elevated (as said hereafter), so that they may at no time after this be disjoined or separated from the said barony. Also we have made and established, and by the wording of our present charter do make, establish and ordain the said Master Alexander Lindsay, his heirs and assignees as lawful, indubitable and irrevocable hereditary patrons of, all and singly, the foresaid rectories, vicarages and churches in perpetuity, with full authority to present good and suitable men who can be in charge of the said churches as their rectors and ministers, and who shall seem suitable to take up the foresaid responsibility, care and administration; this with authority and commission to the ordinaries who are in post at the time at present and in the future to receive them to the said benefices within six months of the date of the present document, and also thereafter to present similarly afresh at any time in the future whenever it happens that the said rectories are vacant, whether through demission because of death, non-residence, deprivation, inability or for any other reason, within six months after notification of the vacancy, under pain of the laws which are established in this regard; this with free authority to the said Master Alexander, his heirs and assignees to exercise and use all other privileges, freedoms and advantages relating to the said advocation, donation and right of patronage of the above-mentioned churches and rectories in a similar way and as freely as all other patrons have done or can do in this kingdom of ours. Further, for the foresaid reasons we, of our own accord and from certain knowledge, with the advice of the foresaid, have elevated, united and incorporated, and by the contents of our present charter, on behalf of ourselves and our successors, do create, elevate, unite, annexe and incorporate, all and singly, the forementioned lands, lordships and baronies of Spynie, Kinedder, Birneth, Rafford, Ardclach, Keith, Kinmylies, Strathspey, Moy and other things rehearsed above, with, all and singly, their foresaid castles, towers, fortalices, manors, mills, multures, knaveship, woods, forests, groves, fishings, gardens, orchards, dovecotes, warrens, townships, outsets, parts, pendicles, annex and connex, tenants, tenancies and services of freeholders and any other pertinents of theirs mentioned above, together with, all and singly, the foresaid feu ferms, ferms, other ferms, taxes, dues, annualrents, drylands, multures, superiorities, privileges, jurisdictions and immunities of regalities, salmon teinds, salmon fishings, and other things mentioned above, and also with the foresaid advocation, donation and right of patronage of, all and singly, the foresaid rectories, vicarages and churches specified above, into one complete and free barony, in favour of the foresaid Master Alexander, his heirs and assignees, now in perpetuity, in future to be called the barony of Spynie, giving and granting to the said Master Alexander and his foresaids the title, honour, rank and status of free baron, who shall now and in perpetuity be called barons of Spynie. Similarly we wish and grant, and on behalf of ourselves and our successors, decree and ordain that a single sasine now and for all time to come shall stand and shall be sufficient for all time to come, in favour of the foresaid Master Alexander and his heirs and successors regarding the foresaid newly elevated barony of Spynie and, all and singly, the forementioned lands, lordships, baronies, castles, towers, fortalices, mills and multures, woods, fishings, regality privileges, feu ferms, superiorities, annex and connex, tenants, tenancies and services of freeholders, parts, pendicles and pertinents, advocation, donation and right of patronage of, all and singly, the foresaid rectories and parish churches, with any other things mentioned above, to be given and granted at the forementioned place, castle and fortalice of Spynie or any part of it (which we, on behalf of ourselves and our successors ordain and establish now and in perpetuity as the principal messuage of the newly elevated barony), in favour of the said Master Alexander Lindsay and his forementioned [heirs and assignees] for the said complete recently elevated barony of Spynie, and for, all and singly, the forementioned lands, lordships, baronies, towers, fortalices, mills and multures, woods, fishings, tenants, tenancies, feu ferms, ferms, regalities, advocation, donation and right of patronage and any other things mentioned above, incorporated into one, as has been said, even if they or a part of them do not lie together and contiguously, regarding which we, on behalf of ourselves and our successors, have dispensed, and by the wording of our present charter do dispense, now and for perpetuity, and also for greater security we, on behalf of ourselves and our successors, by the wording of our present charter, with the advice and consent of the foresaid, do renounce, quitclaim and transfer from ourselves to the said Master Alexander Lindsay and his heirs and assignees and in their favour, all and singly, the foresaid lands, lordships, baronies, castles, towers, fortalices, mills and multures, woods, fishings, fish teinds, feu ferms, with tenants, tenancies and services of freeholders, superiorities, annex and connex, rights and privileges of regalities mentioned above, and with all jurisdiction of the same, free chancellorship and chancellery, within all the limits of the foresaid lands, lordships and baronies, and also the advocation, donation and right of patronage of, all and singly, the foresaid rectories, vicarages and churches specified above, with all privileges, liberties and other things mentioned before, together with every right, title, interest and legal claim, whether of claimant or possessor, which we, our predecessors or successors had, have or could in any way be able to claim, by virtue of the act of annexation of all the church lands in our kingdom to our crown, or any other acts, titles, laws, constitutions, causes or occasions, named or not, with all action and instance of the same which could be possible for us or our successors, simply and in perpetuity; this with an agreement not to challenge, and with supplement of all errors, stated or not, which we wish to have in this present charter as if expressed. Besides we, with the advice and consent of the foresaid, decree and ordain that the foresaid lands, lordships, baronies and other things stated above shall at no time henceforth be taxed along with church lands, nor numbered among rents of church status, but that they be taxed with the lands and temporal lordships of free barons, pro rata and in proportion, free of annual valuation and rents of the same, whenever out of urgent necessity it is decreed that taxes and contributions are to be imposed throughout our kingdom as a general order of land tax. Similarly we have decreed that if the said lands, lordships, baronies and other things mentioned before or any part or parts of them at any time in the past were leased from the then bishops of Moray in feu ferm before the said act of annexation, and infeftments granted regarding them by us or our predecessors were received and confirmed in any lawful way within this kingdom, then in that case the said Master Alexander Lindsay, his heirs and assignees shall have, just as also we with the foresaid advice and by the wording of our present charter convey to them, full right and title of property and superiority of the same, the same as the bishops of Moray or ourselves as bishops have had or could have had before the completion of our present charter, with all right, title and action which are competent for them or us, in terms of imposing the said feu ferms and as regards the payment of, all and singly, feu ferm, and other dues and services contained in infeftments of feu ferm already granted, and in regard to the fulfilment of all clauses and conditions specified in them, for as long as they, any of them or their successors or assignees can justly possess the same lands and other things already mentioned by virtue of the said infeftments, during which time the said holders of feu ferms shall hold these lands of the said Master Alexander Lindsay and his forementioneds as if their immediate superiors in feu ferm and heritage, for the annual payment of the said feu ferm and other dues and services contained in their infeftments already granted, and for the fulfilment of other conditions specified therein. Also we give and grant full and free authority, right and title to the said Master Alexander Lindsay and his foresaids to prosecute and call to justice any persons having an interest in the reduction, rescission and annulment of, all and singly, infeftments, charters, sasines and other evidents drawn up for any other person or persons regarding the said lands, lordships, baronies and other things or concerning any part of them or regarding any offices, annualrents and dues thereof; and also to infringe or cancel these same infeftments on account of non-observance of conditions contained therein or for any other reasons or occasions which are competent in civil municipal law, laws, acts or constitutions of this realm of ours, so that after the said reduction, annulment or expiry of the foresaid infeftments and titles the said Master Alexander and his foresaids are able freely and quietly to enjoy, all and singly, the foresaid lands, lordships, baronies and other things mentioned above and specified in the said infeftments, and in perpetuity to possess them as their property and inheritance; also generally with the authority to the said Master Alexander and his foresaids to do and pursue everything else which pertains to the foresaid which we ourselves and the bishops of Moray at the time could have done before the completion of our present charter. Whole and complete, the foresaid lands and barony of Spynie (recently elevated, as has been said) comprising in particular, all and singly, the forementioned lands, lordships and baronies of Spynie, Kinedder, Birneth, Rafford, Ardclach, Keith, Kinmylies, Strathspey, Moy and the others set out above with, all and singly, their towers, castles, fortalices, mansions, manors, gardens and orchards, dovecotes and warrens, mills, multures and their consequents, woods and groves, parks, wards, forests, meadows, fishings, parts and pendicles, townships, outsets, annex and connex, feu ferms, tenants, tenancies and services of freeholders, superiorities of regalities, privileges, jurisdictions regarding, all and singly, the said lands, baronies and other things already mentioned, together with the foresaid salmon teinds, and also the advocation, donation and right of patronage of, all and singly, the foresaid churches, rectories and vicarages enumerated above, and, all and singly, the foresaid annualrents, drylands, multures and anything else mentioned above - are to be held and had by the foresaid Master Alexander Lindsay, his heirs and assignees in fee and heritage, and free barony in perpetuity, by all their correct ancient measures and divisions, as they lie in longitude and latitude, in castles, towers, fortalices, houses, buildings, woods, plains, muirs and marshes, roads and paths, waters, pools and streams, meadows, pastures, grazings, mills, multures and their consequents, fowling, hunting, fishing, peat mosses, turfbeds, coals and coalworkings, rabbits and warrens, pigeons and dovecotes, workshops, breweries, brewhouses, and whins, groves and thickets, wood and timber, stoneworkings, stone and lime; with courts and their outcomes, inheritance payments, bloodwit, and marriage of women, amercements and escheats of the same courts, and also with furca et fossa, soke and sac, toll and theame, infangthief and outfangthief, pit and gallows, with all woods, free forests, courts, privileges and liberties of free forests, outcomes, amercements and escheats of the same in all parts of the lands and baronies mentioned above, wherever woods or forests formerly were, are now, or shall be in the future, with wrack and wair, vert and venison, and with common pasture and free entry and exit and with, all and singly, the other advantages and any freedoms, profits, easements and their just pertinents, named or not, under or above ground, far or near, relating to the foresaid lands and barony recently elevated and relating to the lands and other things specifically mentioned above or justly capable of so doing in any way in future, freely, quietly, fully, completely, honourably, well and in peace, without any revocation, contradiction, impediment or obstacle. In return, the said Master Alexander Lindsay and his forementioned heirs and assignees shall render to us and to our successors for the foresaid newly elevated barony of Spynie - which contains, all and singly, the forementioned lands, lordships, baronies, mills, multures, fishings, regalities, advocation, donation and right of patronage of the said churches and rectories, and all other things mentioned above - the sum of 100 merks of the usual currency of our realm, annually at the feast of Pentecost by way of of blench ferm, only. Besides, we, with the consent and advice of the foresaid, do wish and grant and, on behalf of ourselves and our successors, do decree and ordain that this present charter and infeftment are as valid, sufficient and efficacious, and of such robustness and efficacy in all respects and clauses set out below, in favour of the foresaid Master Alexander Lindsay, his heirs and assignees to the foresaid effect, as if they had been made and granted by us in our parliament with the express advice and consent of the three estates of our realm, and that with recognition of the case that the things mentioned above were done and carried out for the common good of the whole kingdom. Also, for greater security, we promise on our trust and word as king that we will lawfully approve and ratify this present charter of ours and infeftment in all its articles, clauses and circumstances as said is in our next parliament, with the advice and consent of the foresaid three estates of our realm, and also in the said parliament declare that, all and singly, the foresaid lands, lordships, baronies and the rest of the things enumerated above have been given and granted to the said Master Alexander and his foresaids in heritage to the greatest advantage to ourselves, our successors and the entire state, with recognition of the cause in the manner already stated. Further we promise that we will renew and remake this same charter and infeftment with dispositions and donations as mentioned above in our said following parliament, with the consent of the three estates of our realm, as necessity demands in favour of the foresaid Master Alexander Lindsay, his heirs and assignees in fuller form, regarding each single one of the foresaid lands, lordships, baronies and other things already mentioned in general, and also regarding each of the townships, lands, mills, fishings, woods and other things relating to them, in detail as seems good to them to insert in the foresaid new charter and infeftment to be completed in that regard, and to complete a sufficient dissolution of the same and of the combination of the foresaid from the general annexation of the foresaid in that part. In testimony of this we have instructed our great seal to be applied to this present charter of ours. Witnesses were our beloved kinsmen and councillors John [Hamilton], lord Hamilton, commendator of Arbroath, William [Douglas], earl of Angus, lord Douglas and Abernethy, etc., George [Keith], earl Marischal, lord Keith, etc., marischal of our kingdom, our beloved familiars and councillors Lord John Maitland of Thirlestane, knight, our chancellor and secretary, Walter [Stewart], commendator of Blantyre, keeper of our privy seal, Alexander Hay of Easter Kennet, clerk of our rolls of register and council, Sir Lewis Bellenden of Auchnoull, our justice clerk, and Master William Scott of Grangemuir, director of our chancellery. At Holyroodhouse on 6 May in the year of the Lord 1592, and in the twenty-third year of our reign.
Moreover, for the more security and causes above-written, our sovereign lord and estates foresaid, by the tenor hereof, expressly dissolve from the said annexation and patrimony of his highness's crown, all and sundry the said lands, baronies, annualrents, tenancies, feu ferms and all others above-mentioned specified in the said former infeftment so far as might have fallen under the said act of annexation, as well for making of the said former infeftment valuable and effectual as said is, as also to the effect the forenamed lands, baronies and others above-rehearsed therein contained may be of new alienated and conveyed heritably in manner and to the effect underwritten. Likewise our sovereign lord, with advice and consent of the forenamed estates, by the tenor hereof for the causes above-written, of new gives, grants and conveys to the said Alexander, lord Spynie, and Dame Jane Lyon, countess of Angus, his spouse, the longest liver of the two in conjunct fee, and to the heirs lawfully procreated or to be procreated between them, which failing to the nearest and lawful male heirs of the said Alexander, lord Spynie whatsoever and their assignees heritably, all and sundry the forenamed lands, baronies and others above-rehearsed specified in the said former infeftment, with free regality, chapel and chancellery within the whole bounds thereof and within the bounds of all other lands lying within the diocese of Moray wherever the bishops of Moray for the time, or any of them, had or exercised any privilege or jurisdiction of regalities of before in any time bygone, preceding the date of the said act of annexation, together with all other rights, privileges, powers, profits and commodities specified as well in particular as in general in the said former charter to be all united, annexed and incorporated. Likewise our sovereign lord, with advice foresaid, unites, annexes, creates and incorporates the same in a temporal lordship and barony called, and to be called in all time coming, the said lordship and barony of Spynie; and gives and grants to the said Alexander, lord Spynie and his foresaids the honour, estate, dignity and pre-eminence of a free lord of parliament, to be entitled lords of Spynie in all time coming, with all privileges belonging thereto, to be held of our sovereign lord and his successors in free heritage and in a free temporal lordship, barony and regality for ever, for yearly payment and doing of the service of a lord in parliament and of a knight, together with the sum of 100 merks money yearly at the feast of Whitsunday [May/June] in name of blench ferm only; and ordains as need be a new charter and infeftment to be made and granted thereupon under our said sovereign lord's great seal to the said Alexander, lord Spynie, his spouse above-nominated and their foresaids, to be extended in due and ample form with all clauses needful and to contain such other privileges and commodities therein as it shall please his majesty to convey therewith to them; which new infeftment so to be passed, his highness and estates above-mentioned decree and declare to be sufficient, valuable and effectual in all time coming; providing always, likewise our sovereign and estates above-mentioned by this act decree and declare, that all the feu farmers and heritable tenants of the forenamed lands and others above-rehearsed, their heirs, assignees and successors shall hold as much thereof as is contained in every one of their infeftments in all time coming of the said Alexander, lord Spynie and his foresaids immediately in manner therein contained. And in case it shall happen (as God forbid) any crime, deed or offence to be committed by the said Alexander, lord Spynie or his foresaids, which may make them to be deprived of their heritable right of the said lands, tenancies and others above-rehearsed, or whereby the same or any part thereof may return and appertain to our said sovereign lord or his successors; then, and in that case, find, decree and declare that the same shall infer no hurt, prejudice nor damage to the said feuars and heritable tenants, nor to their foresaids, neither to their said infeftments and contents thereof in all or in part, but in that case they and every one of them, now as then and then as now ipso facto, without any declarator, are and shall be reputed immediate tenants to our said sovereign lord and his successors, and to hold of them immediately thereafter the lands and others above-mentioned contained in their infeftments as freely and in such manner as they held the same of the bishops of Moray for the time before the said annexation.
[1592/4/210]*[print] [email] [cite] [preceding] [following]
In the parliament held at Edinburgh within the tolbooth thereof on 5 June 1592, [...] sovereign lord and estates of this present parliament now before his majesty [...] perfect [...] highness's revocations, both special and general, for sundry good and reasonable causes and considerations moving them and his majesty, for the causes specified in the charters and [infeftments] mentioned before, now having [...] by them and the causes thereof being presently tried and verified sufficiently in plain parliament, have ratified [...] and [...] hereof ratifies and approves and perpetually confirms the charters and infeftments of feu ferm with the [...] therein contained, made and granted by our sovereign lord under his majesty's [...] of before, with the advice and consent of his comptroller and treasurer [...], to his beloved Sir William Keith of Delny, knight, [...] of all and whole the lands and barony of Delny, the [...] created and incorporated, comprehending [...] lands, mills, [...], fishings, [...] patronage of certain fruits and [...] whatsoever specified in the said charters, lying in the sheriffdom of Ross and [...] thereof, and in [...] re[...] and in [...] in the said barony of Delny, then erected, to be held of our said sovereign lord and his successors in feu ferm, heritage and free barony for yearly payment to them for the said lands, mills, fishings and bailiaries, [...]mentioned of the old feu ferm of victual, barley, meal, corns, customs, meats [...], capons [...], together with the precept and infeftment of sasine following thereupon of whatsoever [...] the same be, and whole contents of the same charters and sasine in all and sundry their clauses, points, articles, passes and [...] specified therein, and certifies, ratifies and approves the act of dest[...] mentioned [...] parliament held at Edinburgh, 29 July 1587, dissolving the lands, barony and [...] above-mentioned from the patrimony of his crown for [...] of the rental, in the manner specified in the said charters and [...] sovereign [...] and authority thereto, likewise they find and declare the same to have been from the beginning and to be in all times coming good, valid and sufficient rights and [...]is by the said Sir William Keith and his foresaids for [...]sing, using and possessing of all and sundry the foreanent lands, barony and bailiaries afore[...] thereof, notwithstanding of whatsoever acts of annexation, other acts, statutes, constitutions or revocations, special and general, made of before that might or may be interpreted in the contrary, and [...] of whatsoever other defections, causes or occasions bygone [...] with [...] and statute for [...] other ordain the said charters of feu ferm to be inserted word by word in this present act and confirmation, of the which charters above-mentioned the tenor follows:
[Abstract of Latin:] The king confirmed to his familiar counsellor Sir William Keith of Delny, master or keeper of his wardrobe, and his heirs male and assignees, the lands and recently erected barony of Delny, as in a charter made at Falkland on 1 August 1587, as follows (from RMS, v, charter no. 1331):
[The king, after dissolving in a recent parliament the annexation (made in the time of James III, with the consent of the three estates) of the earldom of Ross to his crown, set at feu ferm to William Keith, master of his wardrobe, and his heirs male and assignees, the towns and lands of Meikle Allan, alias Allanmuir, the brew-house of the same, Culrossy, Drummedart, alias Drummeach, Glastuly, Drumgilye, Mekill Meddat, alias Meddatmoir, the brew-house with the brewery lands of the same, without toft [and] croft, the lands of Wester Pollo, Badebaa, Ruiffis, Knokapark, Ballintred, Fiachiache (Fiachlache?), Ardingaak, Delny, the brew-house of the same with toft [and] croft, and with two other brew-houses of the same without toft [and] croft, the orchard of Delny, Calrechie, Incheafuir, Kingcraig, Culkenzie, Craigmylne, with the multures and brew-houses of the same, Cumlaachmonoch, Cumlichmoir, Bracach, Balcony, with the brewery and Flukariscroft, half the 'Daach de Culmalochie', the lands of Culcragy (or Kincragie), the mill of Alness, with the fishery of Ardroy vocat. 'the Stell' with the 'yair de Balcony' with the brew-house of the same, Culcarne with the brew-house of the same, the lands of Swordale, Fyres, Culcragy with the mill and multures of the same, with the brew-house of the same, the lands of Mylnetoun of Culmalochy, Over Culmelochy, the fishery called 'the Stell de Ardroy', the fishery of Ardmoir called 'the Stell', the mill of Catwoll with its multures, Lyttill Scattoll, Rowie, Kynnellane, Wester Drany, Ardullie, with the mill called Tympen-mylne and its multure, the brew-house of Kinnettes, alias Ardwell, Kynnahard, Easter and Wester Achille, the brew-house of Coull, with its croft, and the brew-house of the same without the croft, the lands of Park, Ulledell, Meikle Scattoll, Urray, Kilchiliddrum, Ord, with the mill and brew-house, Bow(b)lair, Balnagowan, Balnaknock, Tarradale, with the mill, the ferry, Scutell, Logyreith, with the brew-house, Easter Kessock, Kessock ferry, the fishery of the same called 'the Stell', with the brew-house of the same, the lands of Easter Pollo and Auchinaloche, with the mansions, manors, fortalices, mills, rivers, fisheries, the lands of Morichmoir adjacent to the part of the sea called 'the Briggis', and surrounded by the sea for the greater part (between the Briggis to the north, another part of the sea called Polnagragak to the east, the Tain ferry and sea to the west, the lands of Inverathie, Petnellie, Ballacherie, Ballingall, Newtoun to the south), in the earldom of Ross, sheriffdom of Inverness; the towns and lands of Garguston, Newton of Redcastle with the brew-house and smiddy-croft of the same, Hilton, the mill of Culbokie with its multures, Drumquhidden, 'Vester-half-Daachis', 'Eister-half-Dachis', with the brew-house of the Daachis and its croft, the lands of Killen, Bennetsfield and the mill of Petfur, with its multures, the lands of Drynie with the brew-house of Petfur, the mill of Petchonachtie, alias Petfur, with its multures and brew-house of the same, in the lordship of Ardmeanach, sheriffdom of Inverness. All of which the king incorporated in the free barony of Delny and wished that a single sasine taken at the mansion and manor of Delny should stand for all. Paying annually [a lengthy list of payments follows], with duplication of the feu ferms on entry of an heir.]
[(from RMS, v, charter no. 1625) Also the lands and town of Drumdarvatt in the lordship of Ardmeanach, the town and lands of Wester Kessock in the earldom of Ross, sheriffdom of Inverness, which the same William resigned, and which the king granted anew, with 'lie Gardneracroft', the orchard of Delny, the brewery lands of Kincraig, Esse-Coull with the mill, Balnaknock, alias Hilton of Tarradale, with the brewery lands and mill of the same, with the multures and croft, [and] the lands of Petfure. And, seeing that the support of the cathedral churches and canons is abolished, and that it is expedient that one parsonage be erected at each of the following parish churches, to which shall be annexed the parsonages and vicarages of the same for the sustenance of the parsons or minister at each, he suppressed the benefice called the deaconry of Ross (to which the garbal teinds and parsonage of Kilmuir and Ardersier and a quarter of the garbal teinds and parsonage of Rosemarkie and Cromartie are annexed), the office of treasurer of Ross (to which are annexed the teinds (etc.) of Urquhart and Logie, and another quarter of Rosemarkie and Cromartie), the chancellery of Ross (to which are annexed the teinds of Sudine and Kynnates), the archdeaconry of Ross (teinds, etc., of Urray), the subdeanery of Ross (Tain, Adertayne, parsonage and vicarage of Cullicuddin, parsonage of Rosskeen, parsonage and vicarage of Kincardine, the parsonage of Alness); reserving the fruits of the said benefices to the possessors for their lives; and erected the parsonage in each of the churches of Kilmuir, Ardersier, Sudine, Kynnates, Rosemarkie, Cromartie, Urray, Cullicudden, Rosskeen, Kincardine and Alness, to which he granted all the teinds, manse, glebes, ecclesiastical lands and profits, both parsonage and vicarage, of each of the said churches, and, knowing the good zeal of the said William for the propogation of the Gospel, granted the advocation of those churches to him; also the three chaplainries of Alness founded on the garbal teinds of Alness, and the chaplainries of Navatie, Newmuir and Tarlaquhy, which advocation is annexed to the barony. And all these lands, the advocation, etc., are incorporated anew into the barony of Delny, granting William the title of baron Delny, and ordaining that a single sasine at the mansion and manor of the town and lands of Delny will be sufficient. To be held in feu ferm. Paying for Meikle Allan, etc., [as above and in Latin]; for Wester Kessock and for Drumdarvet [detailed list of fees follows]. (from RMS, v, charter no. 1625) And one silver penny for the advocation, by way of blench ferm.]
Witnesses: John [Hamilton], lord Hamilton, commendator of Arbroath, Patrick [Adamson], archbishop of [St Andrews], Walter [Stewart], commendator of Blantyre, keeper of the privy seal, Alexander Hay of Easter Kennet, clerk of the rolls and register of council, Sir Lewis Bellenden of Auchnoull, justice clerk, and Robert Scott, director of our chancellery. At Holyroodhouse on 3 February 1588, and in the twenty-second year of our reign.
And to the aforesaid effect [...] conveys and sets in feu ferm anew to the said Sir William Keith and his foresaids all and whole the said lands of Delny, with all and sundry the said [...] and other [things] mentioned above, annexed and [...] and his successors [...], and for [...] the par[...] contained therein, which our sovereign lord and the aforesaid estates hold as expressed in this part [...] ordains a new charter to be made thereupon by his majesty [...] contained in the said [...] to be extended in due and ample form with all clause needful, which they declare shall be good and sufficient [...]. Extracted from the books of parliament by me Alexander [...] of our supreme lord the king, under my sign and subscription manual.