Act in favour of James Maxwell regarding the debatable lands

Our sovereign lord and estates of this present parliament, considering that all and sundry the lands particularly underwritten, lying opposite the borders of England, namely: the lands of Tarrasfoot, Monibihirst, Brownischeilhill, Whitlawside, Bankhead, Meir Burn, Harelaw and Harelaw Wood, with the pertinents, Rowanburn, Woodhead, Thorniewhats, Wabredhillis, with the pertinents, the lands of Barresknowes, Woodhouselees, Holehouse, Tarcoon, Brounischilburne, Auchenrivock, with the manor place, houses, buildings, orchards, yards, with the mills and multures thereof, woods, fishings, annexes, connexes and whole pertinents of the same, all lying within the parish of Canonbie, and the lands of Glenyart, Morton and Barnglies, with the manor place, houses, buildings, woods, fishings, mills, multures and their pertinents lying within the parish of Morton, which whole lands foresaid, with the pertinents, are limited and bounded as follows, namely: beginning at the water of Tarras running in Esk at the Broomholm up the water of Tarras and up the Perter Burn, and from that to Tinnis Hill and down the Meir Burn to the water of Liddel, and down Liddel to Rowanburn and Thorter Ingreis gates by the foot of Magilwod, and then to the foot of Nether Thorniewhatburn, running in east by the head of Knottyholm, the lands of Woodhouselees and Morton, bounding with Scotsdike, marched as well with the water of Esk as with the water of Sark, and up Sark to the march of Auchenbedrig, and from there up Barnglies to the Righeads, and from there down Irvine Burn to Esk and down Esk to the foot of Holehouse, to the marches of Bowholme, were ever held and reputed debatable lands between the two nations of Scotland and England, likewise the possessors thereof were in no way answerable to his highness's laws, but possessed the said lands without any acknowledging of his highness or his predecessors at any time preceding his majesty's happy attending to the crown of England, since the which time his highness, by his royal authority and princely care, has pacified the said borders and reduced the same to his obedience. And albeit that no person justly can pretend right to the said lands but those who have lawful and sufficient dispositions made to them by his highness and his predecessors of the forenamed lands expressly, nonetheless diverse persons have entrusted themselves in the possession of a great part of the said lands, minding to appropriate the same to themselves by their unlawful and unjust possession under pretext that the same are part and pertinents of others their lands pertaining to them heritably, which was a great prejudice to his majesty; therefore his highness and estates foresaid statute and ordain that no person whatsoever shall be heard to claim right to the foresaid particular lands or any of them except the same be expressly and namely conveyed to them or their predecessors by his highness or his predecessors, and specially contained in their or their authors' infeftments of the same, and that none of the said lands particularly above-expressed shall be accounted parts and pertinents either amongst themselves or of whatsoever other lands or barony if the same be not particularly and namely expressed and contained in the infeftments and rights made thereupon, or else that the persons claiming right to the foresaid lands or any part thereof were by themselves or their predecessors in possession of the same lands before his majesty's passage to England.

  1. NAS, PA2/17, f.48r-v. Back
  2. '28' written in margin beside heading. Back