[1621/6/59]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, understanding that by a special act made in his highness's parliament held at Perth in the month of July 1606, and for the causes therein specified, his majesty and estates of the said parliament dissolved the lands and rents of the temporality of the abbacy of Jedburgh and cell or priory of Canonbie annexed thereto from the acts of annexation thereof to his majesty's crown and from all other acts of annexation thereof whatsoever, to the effect the same might be conveyed heritably to the late Alexander [Home], earl of Home, lord Dunglass, his male heirs and assignees therein specified, as in the said act of parliament at more length is contained; likewise the said late Alexander, earl of Home, being lawfully provided to the spirituality of the said benefices with the kirks, teinds and others pertaining thereto, made due and lawful resignation and demission of the same in the hands of his majesty, to the effect that his majesty might give, grant and convey the same to the said late Alexander, earl of Home, his male heirs and assignees heritably, as the provision made to the said late Alexander, earl of Home of the spirituality of the said benefices, procuratory of demission of the same made by him and an instrument of demission following thereupon at more length purport. Upon the which act of parliament and demission, the said late Alexander, earl of Home was duly and heritably infeft and seised in the whole lands, teinds and others which pertained of old to the said benefices, temporality and spirituality thereof, by virtue and according to a charter made and granted by his majesty under his highness's great seal to the said late Alexander, earl of Home relating thereto, of the date 20 March 1610, as the same charter, precept and instrument of sasine following thereupon at more length bear. Therefore, and for the good, true and thankful service done to his majesty and his highness's most noble progenitors by the said late Earl of Home and his predecessors in time bygone, tending to the contentment of his majesty, tranquillity and peace of this realm and well of the lieges thereof, our said sovereign lord and estates of this present parliament ratify and approve the aforesaid act of dissolution of the lands and others which pertained of old to the temporality of the said abbacy of Jedburgh and cell or priory of Canonbie annexed thereto, the aforesaid procuratory of demission made by the aforesaid late Alexander, earl of Home of the spirituality of the said benefices and instrument of resignation and demission following thereupon, the aforesaid charter made and granted by his majesty to the said late Earl of Home of the date above-written, with the precept and instrument of sasine following upon the same, in all points, articles and clauses therein contained, with all that has followed or may follow thereupon in so far only as the same concerns or may be extended to the lands, teinds and others which pertained of old to the said benefices of the abbacy of Jedburgh and cell or priory of Canonbie annexed thereto and no further; declaring this present general ratification to be as valid, effectual and sufficient in all respects as if the act of parliament, charter and other evidents above-specified were at length inserted herein, regarding the not inserting whereof his majesty and estates aforesaid, by this ratification, dispense for ever. And further, our said sovereign lord and estates of this present parliament, understanding that Sir David Home of Wedderburn, knight, being lawfully provided to the spirituality of the said benefices of the abbacy of Jedburgh and cell or priory of Canonbie annexed thereto, with consent of the convent thereof, has made a lawful resignation and demission thereof in the hands of his majesty, or if the lords of his highness's secret council of the kingdom of Scotland, having his majesty's full power and commission to receive resignations and demissions in his majesty's name to the effect that his majesty may give, grant and convey to his majesty's right trusty cousin James, now earl of Home, his male heirs and assignees whatsoever heritably all and whole the abbacy places, cloisters, houses, buildings, yards, orchards and all others lying within the precincts of the said abbacy of Jedburgh and cell or priory of Canonbie, and also all and sundry the teind sheaves and other teinds, fruits, rents, profits, emoluments and duties pertaining and belonging thereto so far as concerns the spirituality thereof, as the provision made to the said Sir David Home to the spirituality of the said benefices, procuratory of demission of the same made by him with consent aforesaid and instrument of demission following thereupon at more length purport, therefore our said sovereign lord and estates of this present parliament have of new dissolved and, by the tenor hereof, of new dissolve all and sundry the lands, baronies, castles, towers, fortalices, manor place, houses, buildings, yards, orchards, dovecots, mills, multures, woods, fishings, coals, coal pits, tenants, tenancies, service of free tenants, feu ferms, annexes, connexes, dependencies, parts, pendicles and pertinents whatsoever pertaining and belonging of old to the temporality of the said abbacy of Jedburgh and cell of Canonbie annexed thereto from the said act of annexation made upon 29 July 1587, annexing the temporality of all benefices within this realm to the patrimony of his highness's crown; and also have of new dissolved and, by this ratification, of new dissolve the said abbey places, cloisters, houses, buildings, yards, orchards and all others lying within the precincts of the said abbacy of Jedburgh and cell or priory of Canonbie annexed thereto, and also all and sundry the teind sheaves, other teinds, fruits, rents, profits, emoluments and duties, as well of the parsonage as vicarage, of all and sundry the parish kirks after-specified pertaining to the said abbacy of Jedburgh and cell or priory of Canonbie annexed thereto, namely: all and sundry the teind sheaves and other teinds, parsonage and vicarage, of the kirks of Jedburgh, Eckford, Hounam, Oxnam, Hobkirk, Nisbet, Crailing, Spittal and Castleton, which are kirks of the said abbacy of Jedburgh lying within the sheriffdom of Roxburgh, and all and sundry the teind sheaves and other teinds, parsonage and vicarage, of the kirks of Wauchope and Canonbie, which are kirks of the said cell or priory of Canonbie lying within the sheriffdom of Dumfries, from the said abbacy of Jedburgh and cell or priory of Canonbie annexed thereto and from the benefices thereof, whereunto the same pertained of old as the spirituality thereof, to the effect that his majesty may give, grant and convey to the said James, earl of Home, his male heirs and assignees whatsoever heritably all and sundry the lands, baronies, castles, towers, fortalices, manor places, houses, buildings, yards, orchards, dovecots, mills, multures, woods, fishings, coals, coal pits, tenants, tenancies, service of free tenants, feu ferms, annexes, connexes, dependencies, parts, pendicles and pertinents whatsoever pertaining and belonging of old to the temporality of the said abbacy of Jedburgh and cell of Canonbie annexed thereto, together with all and whole the aforesaid abbey places, cloisters, houses, buildings, yards, orchards and all others lying within the precincts of the said abbacy of Jedburgh and cell or priory of Canonbie annexed thereto, and also with all and sundry the aforesaid teind sheaves, other teinds, fruits, rents, profits, emoluments and duties, as well of the parsonage as vicarage, of all and sundry the parish kirks above-specified pertaining to the said abbey of Jedburgh and cell or priory of Canonbie annexed thereto, together with all right, title, interest and claim of right which his majesty, his predecessors or successors had, has or in any way may have or claim thereto, or any part thereof in time coming, and also to the effect that the same may be erected, united and incorporated in a whole and free barony, to be called now and in all time coming the barony of Jedburgh. Moreover, his majesty and estates aforesaid, according to the tenor of the aforesaid anterior infeftment granted to the said late Alexander, earl of Home and of the act of parliament whereupon the same proceeded, ordain sufficient and qualified persons to be nominated and presented by his majesty and his successors to serve the cure at the said kirks and that they, for their stipends and honest sustentation, shall have thankfully paid to them by the said James, earl of Home and his foresaids the yearly stipends underwritten, namely, the minister serving the cure at the said kirk of Edinburgh for the time shall have and receive yearly for his sustentation eight chalders of victual, half barley, half oatmeal, good and sufficient merchandise with the whole vicarage, manse and glebe of the said kirk; the minister serving the cure at the said kirk of Eckford for the time shall have and receive yearly for his sustentation five chalders of victual, half barley, half oatmeal, good and sufficient merchandise with the whole manse and glebe [...] vicarage of the said kirk; the minister serving the cure at the kirk of Hounam for the time shall have and receive yearly for his sustentation three chalders of victual, half barley, half oatmeal, good and sufficient merchandise with the whole vicarage, manse and glebe of the same kirk; the minister serving the cure at the said kirk of Oxnam for the time shall have and receive yearly for his sustentation three chalders of victual, half barley, half oatmeal, good and sufficient merchandise with the whole vicarages of the said kirk of Oxnam and of the kirk of Prenderleith, together with the manse and glebe of the said kirk of Oxnam; the minister serving the cure at the said kirk of Hobkirk for the time shall have and receive yearly for his sustentation three chalders of victual, half barley, half oatmeal, good and sufficient merchandise, together with the vicarage, manse and glebe of the said kirk; the minister serving the cure at the said kirks of Nisbet, Crailing and Spittal, united by his majesty's commissioners, shall have and receive yearly for his sustentation four chalders of victual, half barley, half oatmeal, good and sufficient merchandise, together with the whole vicarages of the said kirks and with the manse and glebe of the said kirk of Nisbet; the minister serving the cure at the said kirk of Castleton for the time shall have and receive yearly for his sustentation the sum of 700 merks usual money of the said realm of Scotland; the minister serving the cure at the said kirks of Wauchope and Canonbie, united together by the said lords commissioners, shall have and receive yearly for his sustentation for serving the cure at the said kirks the sum of 500 merks money above-written. And likewise to the effect that the said abbacy of Jedburgh and cell or priory of Canonbie annexed thereto may be suppressed and extinguished perpetually in all time coming, and that no person nor persons be provided thereto in no time hereafter, renouncing and discharging all right and title which his majesty or his successors had, has or may pretend in and to the monks' portions, thirds, first year's fruits and fifth penny of the said benefices by whatsoever rights, acts of parliament or laws of this realm, discharging his highness's collectors present and to come of all uplifting of the same, revoking, discharging and annulling all pensions conveyed out of the thirds of the said abbacy and cell thereof above-written in any time bygone, and declaring the same to be null in all time coming; ordaining the abbey place of Jedburgh to be the principal messuage of the said barony for taking of sasine thereat in all time hereafter, and that the same sasines to be taken thereat shall stand and be sufficient sasines for the abbey places, teinds and others above-specified, with the pertinents and for every part thereof, without any other special or particular sasine to be taken at any other part or place thereof, notwithstanding that the same lies not contiguous together but within several sheriffdoms and jurisdictions, to be held of our said sovereign lord and his successors in free blench, fee heritage and free barony for ever; paying thereof yearly the said James, earl of Home, his male heirs and assignees aforesaid to our said sovereign lord and his successors the sum of 200 merks usual money of the said realm of Scotland at the feast of Whitsunday [May/June] in name of blench ferm, and also paying to the ministers present and to come serving the cures at the kirks above-mentioned the yearly stipends above-specified, each one of them for their own parts as is divided before; and also relieving the said ministers of all taxations and impositions imposed and to be imposed upon the said kirks, and of the reparation thereof, and of the furnishing of the elements of bread and wine to the celebration of the communion within the same kirks in all time coming only. With declaration that it in no way extends to the priory of Restenneth nor to the right which Thomas [Hamilton], earl of Melrose has to the kirk, lands and teinds of the parish of Dalmeny, and with special provision that hereby the said lands are not erected in a temporal lordship.
[1621/6/60]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this present parliament, for good respects and considerations, by this act ratifies and approves the charter and infeftment made and granted by his highness, with advice and consent of the lords his highness's commissioners of this kingdom under the great seal thereof, to his right trusty cousin and councillor Robert [Kerr], earl of Lothian, lord Kerr of Newbattle and Moorfoot, his heirs and assignees specified therein, of all and whole the lordship of Newbattle of the date 29 March last, in all and sundry the heads, points, clauses and conditions contained in the said infeftment after the form and tenor thereof, with all and sundry other infeftments made and granted by his highness of the said lordship of Newbattle to the said Robert, earl of Lothian and the late Mark [Kerr], earl of Lothian, his father, and their heirs of whatsoever dates, tenors or contents the same be of or bear, with the whole rights whereupon the same proceeded, with all that has followed thereupon; and wills, grants and declares that this present ratification thereof in general shall be as sufficient and effectual as if the same and every one of them were herein specially expressed, ratified and approved.
[1621/6/61]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the act of parliament made upon 11 August 1607, whereby his majesty and estates of parliament have dissolved the whole lands, baronies and other rents of the temporality of the abbacy of Kelso and cell of Lesmahagow, together with the whole kirks and teinds pertaining to the said abbacy of Kelso and cell of Lesmahagow, from the said abbacy and from his majesty's crown (except certain lands, kirks and teinds pertaining to Alexander [Home], earl of Home and Sir John Cockburn of Ormiston, knight), to the effect the same might have been erected and conveyed in favour of his majesty's trusty cousin Robert, earl of Roxburghe, his male heirs and successors, as at more length is contained in the said act of the date aforesaid; together with the charters, infeftments, precepts and instruments of sasine following thereupon made by his majesty to the said Robert, earl of Roxburghe and his foresaids in the whole points, articles, clauses and conditions of the same. And further, his majesty and estates aforesaid have of new dissolved and, by this ratification, dissolve the aforesaid whole lands, baronies, annualrents and other temporal lands pertaining of before to the said abbacy of Kelso and cell of Lesmahagow, together with the whole kirks and teinds which pertained of before to the said abbacy of Kelso and cell of Lesmahagow, except the lands, kirks and teinds pertaining to the said Earl of Home and Sir John Cockburn of Ormiston, which are excepted out of the said former act of dissolution and infeftments following thereupon made to the said Earl of Roxburghe respectively, from his majesty's crown and patrimony thereof, and from all acts of annexation by the which the aforesaid lands, baronies, kirks, teinds and others above-specified were annexed to his majesty's crown at any time before, and to the effect his majesty may of new convey the same to the said Robert, earl of Roxburghe and his foresaids, to be held in manner and for payment of the duty contained in his said former infeftment, or otherwise at his majesty's pleasure.
[1621/6/62]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the charter and infeftment under his majesty's great seal to his majesty's trusty cousin Thomas, earl of Kellie, viscount of Fenton, lord Dirleton, his male heirs and assignees of all and sundry the lands, mills and other lands therein contained which pertained of before to the friars predicators of Stirling and all united and erected in a tenancy called the tenancy of Royal Croft, to be held of his majesty and his successors in feu ferm for payment of certain particular feu ferm duties extending in the whole to £36 5s usual money of this realm, and doubling of the same at the entry of the heir, as in the said charter and infeftment of the date at Edinburgh, 27 June 1606 at more length is contained; together with the precept and instrument of sasine following thereupon in the whole heads, articles, clauses and conditions therein contained; and will and grant that this present ratification shall be as valid and effectual as if the said charter and infeftment, with the precept and sasine following thereupon, were inserted herein word for word. And also, his majesty and estates have dissolved and, by this ratification, dissolve the said whole friar lands, mills and others aforesaid contained in the said infeftment from his majesty's crown and from all acts of annexations made for annexing of the same thereto, to the effect the same may be of new conveyed to the said Thomas, earl of Kellie and his foresaids, to be held of his majesty and his successors in feu ferm for payment of the said feu ferm duty of £36 5s money aforesaid and doubling of the same at the entry of the heir; and ordain infeftments to pass hereupon, if need be, in the appropriate form.
[1621/6/63]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve the charters and infeftments granted by his majesty under his highness's great seal to his majesty's right trusty cousin and councillor Thomas, earl of Melrose, lord Byres and Binning, president of the college of justice and secretary to our sovereign lord, and his male heirs and of tailzie specified in the said infeftments, of the lands, baronies and others after following, namely, the charter and infeftment of all and whole the lands, lordship and barony of Binning, comprehending the lands and barony of Byres, Dalmeny, Inverkeithing, the lands of Binning, Drumcross, Priestfield, with the teinds thereof included, temple lands of Drem, together with the teinds, as well parsonage as vicarage, of the kirks of Haddington and Dalmeny, with advocation, donation and right of patronage thereof, together with all other lands, mills, woods, fishings, kirks, teinds and right of patronage thereof and others annexed to the said lordship and barony of Binning, with castles, towers, fortalices, mills, woods, fishings, coals, coal pits, seaports, burghs, annualrents and all others specified and contained in the said infeftment and which are united, annexed, created and incorporated in a free lordship and barony called the lordship and barony of Binning, to be held of our said sovereign lord and his majesty's successors in manner and for the payment of the yearly duty therein expressed, as in the said infeftment of the date at Carlisle, 5 August 1617, at more length is contained. And also another charter and infeftment granted by our said sovereign lord to his majesty's said right trusty cousin and councillor Thomas, earl of Melrose and his male heirs and assignees specified and contained in his infeftment of the lordship and barony of Binning and assignees whatsoever of all and whole the lands of Samuelston, with the manor place, tower, fortalice, yards, orchards and mills of the same, advocation and donation of the chaplainry of St Nicholas of Samuelston, with all their pertinents, and of all and whole the lands of Aikers, with their pertinents, lying contiguous to the said lands of Samuelston, all lying within the constabulary of Haddington and sheriffdom of Edinburgh, to be held of our said sovereign lord and his majesty's successors in free blench for yearly payment of a white rose at the feast of Sir John the Baptist† in name of blench ferm, if the same be asked only, as the same, of the date at Whitehall, 5 January 1619, at more length bears. Together with another charter and infeftment granted by our said sovereign lord to his majesty's said right trusty cousin and councillor Thomas, earl of Melrose, his said male heirs and assignees above-specified of the said lands of Samuelston, with the manor place, tower, fortalice, yards, orchards and mills of the same, tenants, tenancies and service of free tenants thereof, with advocation, donation and right of patronage of the chaplainry of the aforesaid chapel of St Nicholas of Samuelston, and of all and whole the aforesaid lands of Aikers, with the pertinents, lying adjacent to the said lands of Samuelston, lying within the constabulary of Haddington and sheriffdom aforesaid, and of all and whole the parish kirk and parish of Athelstaneford, and whole teinds, great and small, pertaining and belonging thereto, lying within the said constabulary and sheriffdom aforesaid, all erected in a free barony called the barony of Samuelston, to be held of our said sovereign lord and his majesty's successors in free blench for yearly payment of a white rose upon the ground of the said lands of Samuelston at the feast of Sir John the Baptist in name of blench ferm, if it be asked only, which charter is of the date 6 October 1619, as the said charter more fully purports, in all and sundry heads, clauses, articles and conditions contained in the said infeftments, and each one of them with the precepts and instruments of sasine following thereupon. Likewise his majesty and estates aforesaid will, decree and declare that this present ratification is and shall be as valid and effectual to the said Thomas, earl of Melrose and his foresaids in all respects as if the same charters, precepts and instruments of sasine following thereupon were at length inserted and engrossed herein at length and word for word. Moreover, our said sovereign lord, with consent of the estates aforesaid, decrees and ordains a new infeftment, if need be, to be passed and completed to and in favour of the said Thomas, earl of Melrose and his foresaids of the lands, lordships, baronies, kirks, teinds, mills, woods, fishings and others above-written contained in the said infeftments, and each one of them to be held in manner and for payment of the duty therein expressed. Likewise his majesty and estates aforesaid have dissolved and, by the tenor hereof, dissolve the said whole lands, baronies, kirks, teinds, mills, woods, fishings and others above-mentioned from whatsoever act of annexation in so far as the same or any part thereof was annexed to the crown; and also dissolve and dismember the aforesaid kirks of Haddington, which pertained of old to the priory of St Andrews, the said kirk of Dalmeny, which pertained of old to the abbacy of Jedburgh, and the said kirk of Athelstaneford, which pertained of old to the priory of Haddington, together with the whole teinds, parsonage and vicarage, of the said kirks from the said abbacies and monasteries respectively aforesaid to the which the same were annexed, to the effect the said lands, baronies, kirks, teinds and others above-mentioned may be of new conveyed by his majesty to his majesty's said right trusty cousin and councillor Thomas, earl of Melrose, to be held of his majesty and his successors in manner and for the payment of the duties particularly contained in the said infeftments. And also forasmuch as by special act and decreet given and pronounced upon 3 July 1618 by the commissioners of parliament appointed by our said sovereign lord and estates aforesaid for plantation of kirks, the modified stipend of the kirk of Haddington is declared as follows, namely, £186 13s 4d; six bolls, two firlots, two pecks of wheat; one chalder, one boll, two firlots of barley; two chalders, two bolls, two firlots, two pecks of meal; and two chalders of oats out of the parsonage teinds of the said kirk of Haddington pertaining heritably to the said Thomas, earl of Melrose, together with the vicarage teinds of the said parish kirks. And because the said vicarage teinds were of old set in tack and assedation together with the parsonage of the same to the late William Douglas of Lochleven, thereafter earl of Morton, his heirs and assignees for diverse years and spaces and for payment of a certain yearly duty of silver contained in the said tack, the right of the which tack is transferred in the person of the said Thomas, earl of Melrose by William [Douglas], now earl of Morton, grandson and heir to the said the late William, earl of Morton, his grandfather; according to the which tack, the duty of the said vicarage teinds proportionally will extend to the sum of 20 merks money only, and that by the said act of modification the said Earl of Melrose has voluntarily added and augmented to the said stipend of Haddington the sum of another 20 merks to be paid out of the said vicarage teinds, making in the whole the sum of 40 merks, together with the sum of £20 out of the fruits of the said parsonage teinds to be paid for the furnishing of the elements to the celebration of the communion; therefore and in respect thereof, the said commissioners, in recompense of the said augmentation, have added to the space and years to run of the tack produced before them by the said Thomas, earl of Melrose of the said vicarage teinds two liferents and two 19 years to be and begin at the issue of the said tack thereof then produced. Likewise also by another decreet given and pronounced by the said commissioners of parliament upon 21 January 1618, the said lords commissioners have united and annexed the kirk of Auldcathie to the said kirk of Dalmeny to be a part and pertinent of that parish in all time coming, and have modified the local stipend thereof to be in all time coming two chalders of victual, half meal, half barley, with 400 merks, whereof they ordained 100 merks to be paid yearly out of the said teinds of Auldcathie by Thomas [Hamilton], lord Binning, tacksman thereof, and the rest of the said stipend, extending to 300 merks and two chalders of victual, half meal, half barley, to be paid yearly out of the teinds of the said parish of Dalmeny by the said Thomas, earl of Melrose, patron of the said kirk and heritable proprietor of the said teinds. Therefore our said sovereign lord and estates of parliament ratify and approve the aforesaid decreets of the said lords commissioners in the whole heads, points, clauses and articles thereof, and find and declare that the stipends above-written modified to the said kirk of Haddington and to the aforesaid kirks of Dalmeny and Auldcathie now united in a kirk as said is to stand and abide as a constant local and perpetual stipend to the said kirks and ministers serving the cure at the same in all time coming, according to the said act and decreets of the commissioners of parliament above-specified. And his majesty and estates aforesaid declare that the ministers present and to come shall have no further right to the said teinds, great and small, of the said kirks or any part thereof, except only to the modified stipends contained in the said acts and decreets of the said commissioners of parliament, and that notwithstanding of whatsoever clause or provision contained in the said Thomas, earl of Melrose, his authors' and predecessors' rights and infeftments conceived and introduced in favour of the said parsonage and vicarage teinds or any part thereof.
[1621/6/64]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this present parliament, ratifies, approves and confirms the charter and infeftment of the date at Royston, 14 February 1621, granted by our said sovereign lord to his majesty's right trusty cousin and councillor Thomas, earl of Melrose, lord Byres and Binning, president of the college of justice and secretary to our sovereign lord, and his male heirs and of tailzie specified and contained in his infeftment of the lordship and barony of Binning, and his assignees whatsoever heritably, of all and whole the lordship and barony of Melrose, comprehending all and sundry the lands, baronies, mills, woods, fishings, meadows, forests, mansions, manor places, yards, orchards, kirks, teind sheaves, other teinds, fruits, rents, emoluments, feu ferms, annualrents, kanes, customs, casualties, profits and duties whatsoever, with tenants, tenancies and service of free tenants of the same and all their pertinents which pertained of old to the abbacy and monastery of Melrose, patrimony and property thereof, as well temporality as spirituality of the same, and whereof the commendators and convent of the said abbacy have been possessors in any time bygone, wherever the same lie within his majesty's kingdom of Scotland; and namely the lands, baronies, mills, woods, fishings, tenants, annualrents and others particularly specified in the said infeftment, with all and sundry their castles, towers, fortalices, mansions, manor places, houses, buildings, yards, orchards, parks, forests, meadows, hainings,† mills, multures, woods, fishings, parts, pendicles, annexes, connexes, dependencies, tenants, tenancies and service of free tenants, with all their pertinents, which pertained of old to the abbacy and monastery of Melrose as temporality and part of the patrimony thereof; and of all and whole the tower and fortalice of Melrose called of old the monastery and abbey place of Melrose, with all and sundry houses, buildings, yards, orchards, dovecots and others lying within the precinct of the said abbacy and bounds thereof, with all their parts, pendicles and pertinents whatsoever, together with all and sundry teind sheaves, other teind fruits, rents, emoluments, profits and duties whatsoever of the kirk and parish of Melrose; and of the lands of Gateshaw, Hownam Grange, Cliftoncote, South Cote, Attonburn, Hownam Grange Mill and Brewings, as well parsonage as vicarage of the same, with all their profits and commodities whatsoever which pertained of old to the said monastery of Melrose as spirituality and part of the patrimony and property thereof; and likewise of all and whole the heritable office of bailiary of the regality of Melrose, East Teviotdale and Woginche, with all and sundry escheats, privileges, liberties and immunities pertaining and belonging thereto, excepting and reserving always as is excepted and reserved in the said infeftment, together with the burgh of Melrose erected in a free burgh of regality, together with a weekly market on Saturday and three yearly fairs, namely, the first thereof yearly upon Skir-Thursday,† the second thereof at Lammas [1 August], the third thereof at the feast of Martinmas [11 November] in winter, granted and conveyed by his majesty in favour of the said burgh and all other liberties, privileges and immunities granted in favour of the said Thomas, earl of Melrose and his foresaids, and of the aforesaid burgh of Melrose, particularly and generally specified in the said infeftment, all erected in a free lordship and barony, to be called the lordship and barony of Melrose in all time coming, to be held of our sovereign lord and his majesty's successors in free blench ferm, giving to his majesty and his successors the free service of a lord and baron in his majesty's parliament and paying yearly to our said sovereign lord the sum of 98 merks usual money of Scotland yearly at the feast of Whitsunday [May/June] in name of blench ferm; which sum of 98 merks, together with the particular sums of money and duties underwritten, completes the sum of 200 merks money above-specified which is the whole blench ferm contained in the original infeftment of erection of the said lordship of Melrose granted in favour of John [Ramsay], viscount of Haddington, now earl of [Holderness], author and predecessor to the said Thomas, earl of Melrose, of the same, and that in respect there is allowed in the said blench duty of 200 merks money aforesaid the sum of £52 money aforesaid for the blench duty of the tower and fortalice called Hassendean Tower, alias Monks Tower, with the barns, yards, greens, meadows, tofts, crofts, houses, buildings and pertinents of the same, with the lands and steadings of Ringwoodfield, Cauldcleuch, North House, Braidhaugh, Crawishope, Stobs, Coitburgh, Sudanrig, Coilburne, West Coitrig, Bowanhill, Priesthaugh and Penangowishope, with their pertinents now pertaining heritably to Walter, earl of Buccleuch etc., held by him immediately of our said sovereign lord upon the resignation of the said Thomas, earl of Melrose in free blench ferm for yearly payment of the said sum of £52; and also there is allowed in the remainder of the said blench duty of the said sum of 200 merks the sum of 5 merks 3s 4d money above-written for the blench duty of the town and lands of Langshaw, with the mills, multures, sequels, knaveship, manor place and pertinents thereof and feu ferm duties of the same resigned and conveyed of before in favour of Sir Gideon Murray of Elibank, knight, his majesty's treasurer depute, to be held of our sovereign lord; and also that there is allowed in the rest of the said blench ferm duty of 200 merks money aforesaid the sum of £3 10s money above-written as the blench duty of those five merk lands called the kirk lands of Cavers conveyed and resigned of before in favour of William Douglas, fiar of Cavers, to be held also of our said sovereign lord and his majesty's successors for yearly payment of the said sum of £3 10s money aforesaid; and in like manner that there is allowed in the remainder of the said blench duty of 200 merks the sum of £9 money above-written which John [Fleming], earl of Wigtown is obliged to pay to our sovereign lord for the blench duty of the lands of Kingledores, being a part of the lordship and barony of Melrose, resigned by the said Earl of Melrose in favour of the said John, earl of Wigtown, to be held of our sovereign lord in free blench ferm for yearly payment of the sum of £9 money above-written, and so rests de claro of the said blench duty of 200 merks money above-written as the said whole blench duty of the said infeftment of erection the sum of 98 merks money above-specified, which sum of 98 merks money aforesaid the said Thomas, earl of Melrose, by virtue of his said infeftment, is obliged to pay for the said lordship and barony of Melrose, burgh of regality, office of bailiary and others above-written to our sovereign lord and his majesty's successors yearly at the feast of Whitsunday in name of blench ferm, if the same be asked only. And also the said Thomas, earl of Melrose and his foresaids paying yearly to the minister present and to come serving the cure at the said kirk of Melrose the sum of 635 merks as a part of the whole yearly stipend of £500 money aforesaid, which is the whole stipend destined and provided to the said minister of Melrose by virtue of the infeftment of erection of the said lordship and barony of Melrose granted in favour of the said John, viscount of Haddington, and that in respect by virtue of the said infeftment there is allowed and deducted off the whole stipend of £500 all and whole the sum of 115 merks, which the said Sir Gideon Murray, by virtue of his infeftment, is obliged to pay yearly to the minister serving the cure at the said kirk of Melrose as a part of the said whole yearly stipend of £500 pounds money above-written at the terms of payment used and wont. And also the said Thomas, earl of Melrose and his foresaids furnishing bread and wine as often as need be for celebration of the holy communion at the said kirk of Melrose, and exonerating and relieving the said minister and his successors of all taxations and burdens whatsoever that may be imposed upon the teinds, fruits and rents of the said kirk of Melrose, and of all repairing of the said kirk of Melrose in all time coming, as in the said charter and infeftment at more length is contained; together with the charter and infeftment of erection of the said lordship and barony of Melrose granted by his majesty in favour of the said John, viscount of Haddington, now earl of [Holderness], with a subsequent infeftment of the same lordship and barony of Melrose granted by our said sovereign lord upon the resignation of the said Viscount of Haddington to and in favour of George [Ramsay], lord Ramsay of Dalhousie, author to the said Thomas, earl of Melrose, and from whom the said Thomas, earl of Melrose, his right proceeds, with the precepts and instruments of sasine following upon the said charters and infeftments, in all and sundry heads, points, clauses, articles and conditions specified and contained in the said infeftments and each one of them. Likewise his majesty and estates aforesaid will and decree and declare that this present ratification is and shall be as valid and effectual to the said Thomas, earl of Melrose and his foresaids of the lands, lordships, baronies, kirks, teinds, mills, woods, fishings and others above-written contained in the said infeftments, and each one of them, as if the said charters, precepts and instruments of sasine following thereupon were at length inserted and engrossed herein at length and word for word. Moreover, forasmuch as the said Thomas, earl of Melrose, for his further security of the said lordship and barony of Melrose and without prejudice or derogation of his former infeftments of the same, has purchased a demission from Master John Hamilton, commendator of Melrose, for demitting of the said abbacy of Melrose and benefice thereof, with the monastery and abbey place of the same, houses, buildings, yards, orchards and others lying within the precinct of the said abbey, together with all and sundry kirks, teind sheaves, other teinds, fruits, rents, emoluments, mails, ferms, casualties, profits and duties whatsoever pertaining and belonging to the said abbacy and benefice thereof and spirituality of the same in his majesty's hands or in the hands of the lords of his majesty's secret council as commissioners appointed for receiving of resignations and demissions in his majesty's name, to the effect his majesty may dissolve and suppress the said abbacy and of new erect the same in a temporal lordship and thereafter convey the same in favour of his majesty's right trusty cousin Thomas, earl of Melrose and his male heirs and of tailzie specified and contained in his infeftment of the lordship and barony of Binning, and assignees whatsoever heritably, in due and competent form as use is; likewise there is due and lawful demission made by the said Master John Hamilton, commendator of Melrose, and his procurators in his name according thereto in manner and to the effect aforesaid, as the said procuratory and instrument of demission more fully purports, therefore his majesty and estates aforesaid have dissolved and dissolve all and whole the said abbacy of Melrose and benefice thereof, with the monastery and abbey place of the same, houses, buildings, yards, orchards and others lying within the precinct of the said abbey, together with all and sundry kirks, teind sheaves, other teinds, fruits, rents, emoluments, profits and duties whatsoever pertaining and belonging to the said abbacy and benefice thereof and spirituality of the same, together with the kirks of Melrose and all and sundry teind sheaves and other teinds, fruits, rents, revenues, profits and emoluments of the same kirk and parish of Melrose, and of the said lands of Gateshaw, Hownam Grange, Cliftoncote, South Cote, Attonburn, Hownam Grange Mill and Brewings, as well parsonage as vicarage of the same, with their profits and commodities whatsoever, and have suppressed and extinguished and, by this ratification, suppress and extinguish the said abbacy and memory thereof in all time coming. And also his majesty and estates aforesaid have dissolved and dissolve from his majesty's crown and from the act of annexation of kirk lands to his majesty's crown in his majesty's parliament held in the month of July 1587, and from all other acts and statutes made before the date hereof, all and sundry the lands, baronies, mills, woods, fishings, tenements, annualrents, castles, towers, fortalices, manor places, burgh of regality, office of bailiary of regality and others particularly and generally specified and contained in the former infeftment of the said lordship and barony of Melrose made and granted to the said Thomas, earl of Melrose, of the date at Royston, the said 14 February 1621, to the effect that his majesty may convey the same whole lands, baronies, mills, woods, fishings, office of bailiary, burgh of regality and others aforesaid, together with the said kirk of Melrose, parsonage and vicarage thereof, and other teinds above-specified, together with the said abbey place and monastery of Melrose, houses, buildings, yards, orchards and others lying within the precinct of the said abbey to and in favour of the said Thomas, earl of Melrose and his foresaids, to be held of our sovereign lord and his majesty's successors for the yearly payment of the sum of 98 merks money of Scotland in name of blench ferm, if the same be asked only, and for yearly payment to the minister of Melrose present and his successors that shall happen to be for the time the said sum of 635 merks money of this realm as his part of the said whole stipend of £500 money aforesaid destined to the said minister by virtue of the said infeftment of erection. Likewise his majesty and estates aforesaid ordain a new infeftment to be passed and completed to the said Thomas, earl of Melrose and his foresaids of all and sundry the aforesaid lands, baronies, mills, woods, fishings, kirks, teinds and others particularly and generally specified and expressed in the said Thomas, earl of Melrose's said former infeftment of the said lordship and barony of Melrose, to be held in manner and for payment of the said blench duty and others therein expressed in such due and competent form as appropriate. And also his majesty and estates aforesaid decree and declare the said Thomas, earl of Melrose and his foresaids to be free of all the rest and remainder of the said blench duty of 200 merks contained in the said first infeftment of erection of the said lordship of Melrose granted in favour of the said John, viscount of Haddington, except the said sum of 98 merks, which the said Thomas, earl of Melrose is obliged to pay by virtue of his said last infeftment, and also to be free of the remainder of the said stipend of £500 appointed for the said minister of Melrose and his successors, except only the said sum of 635 merks which the said Thomas, earl of Melrose is obliged to pay by virtue of the said last infeftment of the said lordship, and ordain the remainder of the said blench duty and stipend aforesaid to be exacted from the remaining persons above-written, their heirs and successors due in payment thereof, to whom the said lands and teinds are conveyed. And also his majesty and estates aforesaid decree and declare the said Thomas, earl of Melrose and his foresaids to be free in all time coming of all payment of all taxation to be imposed upon any lands, kirks, baronies, mills, woods, fishings and teinds pertaining of old to the said abbacy of Melrose or lordship of the same, except only in so far as the said taxations may be craved of the said Thomas, earl of Melrose and his foresaids for the said lands, kirks and teinds of the said lordship of Melrose contained in his said last infeftment of the same, which is of the date the said 14 February 1621, and no further, excepting in favour of [William Douglas], earl of Morton and [Walter Scott, earl of] Buccleuch, their infeftments of the lands of Eskdalemuir and pertinents thereof, with the teinds thereof, the lands conveyed by the said Thomas, earl of Melrose to Walter, earl of Buccleuch, of his lands of Ringwoodfield and others, and of the kirk of Hassendean and teinds, both parsonage and vicarage, of the same, the lands of Kingledores, with the pertinents conveyed by the Earl of Melrose to John, earl of Wigtown, the kirk of [...] conveyed by the said Earl of Melrose to Sir Robert Scott of Thirlestane, knight, the lands and teinds pertaining to the abbacy of Melrose wherein the late Sir Gideon Murray of Elibank was infeft held of his majesty, the lands of Kylesmuir and Barmuir with the kirk of Mauchline pertaining to [Hugh Campbell], lord Loudoun.
[1621/6/65]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this present parliament, has ratified, approved and confirmed and, by the tenor of this present act, ratifies, approves and confirms the charter and infeftment made and granted by his majesty under his great seal to his highness's right trusty cousin and councillor John, viscount of Lauderdale, lord Thirlestane and Dame Isobel Seton, his spouse, and the longest liver of the two in conjunct fee, and to the male heirs lawfully procreated or to be procreated between them, which failing, to the said viscount, his male heirs to be lawfully procreated of his body, which also failing, as God forbid, to Master Robert Maitland of Auchencrieff and his male heirs lawfully procreated or to be procreated of his body, which all failing, to the said John, viscount of Lauderdale and his male heirs bearing the arms and surname of Maitland and their assignees whatsoever, of all and sundry the lands and barony of Bolton, with the manor place, orchards, yards, mills, mill lands, multures, knaveship thereof, with parts, pendicles, annexes, connexes, outsets, tenants, tenancies and service of free tenants thereof, with all and sundry their pertinents comprehending of old the particular lands underwritten, namely, all and sundry the mains of Bolton with the manor place, fortalice, yards, orchards, dovecots, mills, mill lands, with the pertinents; all and sundry the lands of Hayfurde, alias Brigand; all and sundry the lands of Walkerland; all and sundry the lands of Eaglescairnie; all and sundry the lands of Over Bolton; all and sundry the lands of Inglisfield; all and sundry the lands of Knichtknow; all and sundry the lands of Broadwoodside; all and sundry the lands of Markland; all and sundry the lands of Woodhead; all and sundry the lands of Plewlandis; all and sundry the lands of Ewingston; all and sundry the lands of Pilmuir, with all and sundry their annexes, connexes, parts, pendicles and pertinents whatsoever respectively lying within the constabulary of Haddington and sheriffdom of Edinburgh, to be held of his majesty and his successors in free blench for payment yearly of [...], which charter is of the date 14 June 1616, with the precept and instrument of sasine following thereupon, in all and sundry heads, articles, clauses and conditions thereof, with all that has followed or may follow thereupon. And his majesty and estates aforesaid will, grant and declare that this present ratification is and shall be in all time coming of as great value, strength, force and effect to the said John, viscount of Lauderdale and Dame Isobel Seton, his spouse, their male heirs and of tailzie above-written, as if the said charter, precept and instrument of sasine were at length inserted in this present act. And further, his majesty and estates aforesaid have dissolved and, by the tenor of this present act, dissolve all and sundry the said lands and barony of Bolton with the principal manor place, orchards, yards, mills, mill lands, multures, knaveship thereof, with parts, pendicles, annexes, connexes, outsets, tenants, tenancies and service of free tenants thereof, with all and sundry the pertinents comprehending the particular lands above-rehearsed, with their pendicles and pertinents lying as said is, from the act of parliament made in the month of [...] 1600, in so far as the same were annexed to the crown by the forfeiture of the late John [Ruthven], sometime earl of Gowrie, or any other way whatsoever, and from all other acts of annexation of the same to the crown for whatsoever cause, or of whatsoever dates or tenors the said acts be of, at any time bygone preceding the date hereof, to the effect the same may be conveyed by his majesty to the said John, viscount of Lauderdale, to be held blench of his majesty its manner above-specified; and ordain new infeftment to be made and granted to the said John, viscount of Lauderdale and his spouse and their male heirs and of tailzie above-specified of the same, to be held in free blench in all time coming.
[1621/6/66]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering that the abbacy and priory of Haddington, which consists partly of temporal lands and partly of kirks and teinds, is already for the most part conveyed to his majesty's trusty cousin and councillor John [Maitland], viscount of Lauderdale, lord Thirlestane, according to his infeftments thereof, which are ratified in parliament, and that there is no benefit, profit nor commodity to be reaped of the said priory, except only of the superiority of the lands and baronies pertaining thereto, whereof the property for the most part is established in the person of the said John, viscount of Lauderdale as said is; and also that the kirks and teinds of the said priory are conveyed or set in tack and assedation for many years, so that scarcely there is so much free as will sustain the ministers serving the cure at the said kirks; and his majesty, remembering the good, true and thankful service done to his highness by the late John [Maitland], lord Thirlestane, chancellor of this realm, father to the said John, viscount of Lauderdale, together with the continual service of the said John, viscount of Lauderdale, his son, in his attendance of the public affairs, both of session and council, which his majesty and estates find to deserve an appropriate recompense and remuneration, and because his majesty finds not for the present a proper occasion to benefit the said John, viscount of Lauderdale according to the worthiness of his service, and his majesty understanding that Master Patrick Maitland of Auchencrieff, who is lawfully provided to the said priory, is willing to demit the said priory, monastery place, kirks and others pertaining thereto in his majesty's hands, in favour of John, master of Lauderdale, eldest lawful son to the said John, viscount of Lauderdale, to the effect his majesty may erect and convey the same to the said John, master of Lauderdale and his heirs, and his majesty being most willing therewith to convey the superiority of the said whole baronies and lands pertaining of old to the said abbacy of Haddington, to the effect the same, together with the kirks and teinds pertaining thereto, may be all erected in a temporal lordship in favour of the said John, master of Lauderdale, his male heirs and assignees, and that as a testimony of his majesty's gracious favour and remembrance of the faithful services done to his highness by the said John, viscount of Lauderdale and his said late father; therefore his majesty and estates of parliament, for the causes aforesaid, have dissolved and, by the tenor of this present act, dissolve all and whole the lands, baronies and others underwritten which pertained of old to the said priory of Haddington, namely, five oxengate of land of the lordship of Haddington pertaining to the said monastery; all and sundry lands lying on both the sides of the water of Tyne, with their pertinents, in the territory of Stevenson; item, the lands of Begbie, with the pertinents; item, two oxengate of lands and seven acres with their pertinents in the territory of Pilmuir beside Begbie; item, two oxengate of land with their pertinents beside the town of Haddington; item, the lands and tenements of St Martin's Gate with the mills and other pertinents; item, 10 acres of land with the pertinents in the territory of Sagrestoun, with 12 rude of moss land in Wynningden; item, a ploughgate lying beside the kirk of Garvald with the pertinents; item, the lands and tenements of Garvald, Eastgrange, Snawdon, Fowlis, Glentarf, Carfrae, Newlands, Lesnunhoopes, which were called of old East Hopes, Newton, Groseley, Slade, with a portion of land of the territory of Baro, with mills; item, a tenement of Harvieston with the pertinents; item, two oxengate of land with the pertinents in the territory of Beinstoun and three ruids of moss land in the territory of Markle; item, a toft and a certain portion of land with the pertinents in the territory of Stenton; item, a toft and a garden with 11 acres of land in the territory of Papple, with the pertinents; item, a piece of land with the pertinents in the territory of Stoneypath; item, the land of Nunside, with the pertinents, beside Haddington; item, a merk of annualrent out of a certain field land beside Gifford Gate; item, sundry burgh tenements and rents in the burghs and towns of Haddington, Berwick, Roxburgh, Edinburgh, Inverkeithing, North Berwick, [...], Aberlady and Renfrew, with the fishing of a net there in the water of Clyde, with the pertinents; the kirk lands of Crail; the half of the fishing of the whole parish, with the lands and pertinents annexed to the chapel of St Rufus; the lands of Salchos, Newton, Pitcorthie, ford and half ruid of land of Croftrie; sundry burgh tenements and rents of the kirk of Crail; 11 acres of land of Redermen, Pittenweem with the pertinents; liberty of multures in the mill of Crail, as well teind multure as others, with common pasturage in the common of Crail and fuel in the King's Muir beside Crail; and with all and sundry other easements and pertinents pertaining to the said lands, together with the mills, corn and waulk mills, of the said lands with the teinds, parsonage and vicarage, of all and sundry the aforesaid lands and mills therein included, together with all other lands, mills, fishings, tenements, annualrents and others whatsoever which pertained of before to the said priory of Haddington as a part of the patrimony thereof and whereof the priors and prioresses of the said priory were in possession at any time before; together also with the heritable right and superiority of all and sundry the aforesaid lands, baronies, tenements, teinds, mills and others above-expressed and also all and whole the place and ground upon the which the said monastery and abbacy of Haddington was sometime situated and whole precinct thereof, houses, buildings and pertinents of the same, together with the kirks of Garvald and the chapel of St Rufus within the castle of Crail, and whole teinds of the same, parsonage and vicarage thereof, with the teinds of an oxengate of land which sometime belonged to the territory of Drem and now to the territory of Athelstaneford, the teinds of multures, the teinds of the lands of the Barns and the Byres beside Haddington which were called of old the Grange of Haddington and Garleton, with the pertinents, parsonage and vicarage thereof; the teinds of certain crofts of Haddington and Harperfield, as well great as small; item, the teinds of the mills of Haddington, together with all other teinds, great and small, which pertained of before to the said priory of Haddington, with advocation, donation and right of patronage of the said kirks, chapels and chaplainries, parsonages and vicarages and others whatsoever pertaining to the said priory of old, from the act of parliament made in the month of September 1571 entitled 'Regarding lands, rooms and possessions held of friars or nuns within this realm regarding the annexing of all friars' and nuns' lands to his highness's crown', and also from the general act of annexation made in the month of July 1587 regarding the annexation of all kirk lands to his majesty's crown, and from all other acts of annexation whereby the lands, baronies and others aforesaid or any part thereof is or may be esteemed to be annexed to his majesty's crown and from the said abbacy and priory of Haddington, and have suppressed and extinguished the name, title and memory of the said priory and that to the effect following, namely, to the effect his majesty may convey and erect the said lands, baronies, kirks, teinds and others aforesaid particularly and generally above-specified in a temporal barony to the said John, master of Lauderdale and his male heirs lawfully to be procreated of his body, which failing, to the male heirs lawfully procreated or to be procreated of the said John, viscount of Lauderdale, his body, which all failing, to the said viscount, his male heirs and of tailzie contained in his infeftment of the lordship of Thirlestane of the date at Linlithgow, 7 March 1593 [1594], to be held of his majesty and his successors in free blench for payment of the sum of 40 merks usual money of Scotland of blench duty, and also paying to the minister serving the cure at the kirk of Garvald and his successors the stipend modified by the commissioners appointed by parliament in July 1617, for plantation of kirks, as their decreet at length bears. And his majesty and estates convey to the said John, master of Lauderdale and his male heirs aforesaid the heritable right and superiority of all and sundry the forenamed lands, baronies, tenants, teinds, mills and others above-expressed, and decree and ordain him and his heirs to be superiors to the heritable tenants of the said lands and others aforesaid in all time coming. And also his majesty and estates declare the said teinds, kirk, baronies and others aforesaid to be free of all thirds and other duties notwithstanding of whatsoever act or statute made in the contrary, and erect the said lands, kirks, teinds and others aforesaid in a whole and free barony to be called in all time coming the barony of Haddington. And because the said lands, baronies, mills, fishings, kirks, teinds and others aforesaid were of old endowed, mortified and gifted to the said abbacy and monastery of Haddington, priors and prioresses thereof before the year of God 1[...] or thereby, and thereafter by King James I† of worthy memory, his majesty's forefather, ratified and confirmed by his majesty's charter under the great seal of the date 31 August 1458, therefore his majesty and estates aforesaid have ratified and approved and, by this present act, ratify and approve the same confirmation of the said mortification in all and every head, article and clause of the same; and will and declare that the benefit of the said mortification and confirmation, whole immunities, privileges and liberties therein contained introduced in favour of the said priors and prioresses shall redound and be competent to the said John, master of Lauderdale and his foresaids as being come in their place in the same way and as freely in all respects as the same in any time bygone was competent to them or their predecessors by virtue of the aforesaid mortification and ratification, which are by this act declared to be as sufficiently ratified and approved as the same were engrossed word for word herein. And his majesty and estates give and grant full power to the said John, master of Lauderdale and his foresaids to convey and present by plain law the said particular parish kirks and parishes, parsonages, vicarages and chaplainries thereof, so often as the same shall happen to become vacant by decease, demission, inability, non-residence or otherwise whatsoever, and it is expressly declared by this act that in respect the aforesaid kirks pertaining to the said abbacy, dissolved and erected in manner aforesaid, and ministers serving the cure thereat are well and sufficiently provided in good and competent stipends by the present tacksmen of the teinds of the said kirks, therefore the said John, master of Lauderdale and his foresaids shall be free of the said burden of providing the said kirks so long as the said tacksmen, their rights thereto shall happen to stand and endure in their own strength and force, and that notwithstanding any act of parliament made in the contrary; and specially notwithstanding the commission granted in the year 1606 for erecting of prelacies, modification of his majesty's duty to be received forth thereof and of the ministers' stipends serving the cure at the kirks of the same, or any other act of parliament whatsoever which his majesty and estates aforesaid by this act declare shall in no way be prejudicial, hurtful or derogatory hereto in any sort. And it is declared that this present act shall in no way be prejudicial to the said John, viscount of Lauderdale, his heritable right of the said lands, baronies, kirks and teinds with the whole privileges and immunities conveyed to him of before by his majesty in the month of March 1593 according to his infeftment thereof, which his majesty and estates ratify and approve by this act, without prejudice to [Thomas Hamilton], earl of Melrose and to [Robert Lindsay], lord Lindsay of their rights.
[1621/6/67]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, remembering the constant and faithful services done and performed by his majesty's right trusty cousin and councillor Thomas [Hamilton], earl of Melrose, lord Byres and Binning, president of the college of justice and secretary to our sovereign lord, whereof he has given notable proof and testimony not only in his continual attendance in his places of session and privy council to the which he was promised by his majesty for administration of justice to all his majesty's lieges, but also in other services wherein he has been formerly employed by his majesty tending to the evident well and profit of this realm, whereof he has acquitted himself with such singular wisdom and dexterity that his majesty, in regard thereof, does give to him the testimony of approbation of a faithful and loyal subject; and his majesty, now considering that John Hamilton, third lawful son to the said Thomas, earl of Melrose, being provided by his majesty to the monastery and abbacy of Coldstream, benefice and whole kirks, teinds, fruits, rents, emoluments, profits and duties pertaining and belonging thereto, and that the said John Hamilton, prior of Coldstream, with consent of his steward and of the convent of the said priory, has made and subscribed due and lawful procuratories of resignation and demission for resigning and demitting in his majesty's hands or in the hands of his majesty's lords of secret council, commissioners appointed for receiving of demissions and resignations in his majesty's name, and according thereto has resigned and demitted all and whole the said priory of Coldstream and benefice thereof, with the monastery and abbey place of the same, houses, buildings, yards, orchards, dovecots and others lying within the precinct of the said priory, with all and sundry other lands, kirks, teind sheaves, other teinds, fruits, rents, emoluments, kanes, customs, casualties, profits and duties whatsoever pertaining and belonging to the said priory and benefice thereof, to the effect his majesty may dissolve, suppress and extinguish the said priory, name and memory thereof, and of new erect the same with the lands, mills, baronies, woods, fishings and others generally and particularly after-rehearsed pertaining of old to the said benefice as temporality thereof and part of the patrimony and property of the same formerly annexed to his majesty's† crown and now to be dissolved therefrom in manner underwritten in a temporal barony, and that his majesty may convey the same in favour of the said John Hamilton and his male heirs lawfully to be procreated of his own body, which failing, [...]† heritably in due and competent form as use is, as the said procuratory and instrument of demission more fully purport. And his majesty, being now graciously pleased to remunerate the said services done by the said Thomas, earl of Melrose with the dissolution of the said benefice of the said priory, lands, kirks and teinds of the same and erection of the same of new in a temporal barony in favour of the said John Hamilton and his foresaids as a note of his majesty's good acceptance of the said bygone services, and therewithal to encourage and incite him in the progress of his course so faithfully begun and continued, therefore his majesty and estates aforesaid have dissolved and dissolve from his majesty's crown and from the act of annexation of kirk lands made to his majesty's crown in his majesty's parliament held in the month of July 1587, and from all other acts of annexation made of before or since, all and sundry the lands, baronies, mills, woods, fishings, tenements, annualrents, castles, towers, fortalices, manor places, yards, orchards, kirks, teind sheaves and all other teinds, fruits, rents, emoluments, feu ferms, annualrents, kanes, customs, casualties, profits and duties whatsoever, with tenants, tenancies and service of free tenants, and all their pertinents which pertained of old to the said priory of Coldstream, patrimony and property thereof, as well temporality as spirituality of the same, and whereof the commendators and convents of the said priory have been in possession in any time bygone, wherever the same lie within the said kingdom of Scotland; and specially all and whole the lands called the Mains of Coldstream and fishings of the same upon the water of Tweed; all and whole 17 husband lands in Strathmure; all and whole the lands of Snuke, with the teinds of the same included, with the salmon fishing in Tilmoirthauche and Littlehaugh on the water of Tweed; all and whole the lands of Old Hirsel and a plough-land of land in the town and territory of Hirsel, Vulgo Lie, Countess Croft, Cauldstremeflett and portion land lying beside the burn of Leet upon the south side of the bridge of the same, within the territory of Hirsel Panneshauche, 12 acres of land of the same territory of Hirsel Rounds and Braidspottis; all and whole the lands of Braidhaugh, Dedrigs and Lees lying on the south side of the burn of Leet toward the monastery; three husband lands in Darnchester; four husband lands of Hatchednize, with the whole teind sheaves of the same lands included; two husband lands in Bridge-end; the mill of Byreburnmill and the mill of Coldstream, with the multures, sequels and profits thereof, and with the fishings of the waters within the said lands and parts and pendicles of the same and of the said mills, all lying within the sheriffdom of Berwick; and with all and sundry their castles, towers, fortalices, mansions, manor places, yards, orchards, dovecots, mills, woods, fishings, parts, pendicles and pertinents whatsoever pertaining and belonging to the lands, baronies and others above-specified, together with all other lands, baronies, mills, woods, fishings, castles, towers, fortalices, annualrents, houses, buildings, yards, orchards, meadows, forests, parks, hainings,† tenants, tenancies, service of free tenants, feu ferms, ferms, kanes, customs, casualties, profits and duties whatsoever which pertained of old to the said priory of Coldstream as temporality and a part of the patrimony and property thereof. And also, his majesty and estates aforesaid have dissolved and dissolve all and whole the abbey place of Coldstream, barns, byres, barn yards, yards, orchards, dovecots and little croft called the Little Orchard and others lying within the precinct of the said priory and bounds thereof, together with all and sundry the teind sheaves, other teinds, fruits, rents, emoluments and duties whatsoever, as well parsonages and vicarages, of all and sundry the kirks and parishes of Coldstream, alias Lennel and Bassendean, pertaining to the said priory of Coldstream as a part of the spirituality of the same, and with all other kirks and teinds pertaining of old to the said priory of Coldstream as spirituality thereof from the said abbacy and monastery in all time coming, and have suppressed and extinguished and, by this act, suppress and extinguish the said priory of Coldstream, benefice thereof, with the whole name and memory of the same, forever to the effect the said priory, with all and sundry the aforesaid lands, baronies, mills, woods, fishings, meadows, forests, mansions, manor places, yards, orchards, kirks, teind sheaves, other teinds, fruits, rents, emoluments, feu ferms, annualrents, kanes, customs, casualties, profits and duties whatsoever and others generally and particularly above-written pertaining of old to the said priory, as well temporality as spirituality of the same, may be erected by our said sovereign lord in a barony and thereafter conveyed by his majesty to the said John Hamilton and his foresaids to be held of our said sovereign lord and his majesty's successors in free blench ferm for the yearly payment to his majesty and his successors of the sum of £40 usual money of the realm of Scotland yearly at the feast of Whitsunday [May/June] in name of blench ferm, if the same be required only; and for payment to the ministers serving the cure at the said kirks of the stipends modified and to be modified to them in manner after-specified. And his majesty and estates aforesaid ordain a charter and infeftment after the said dissolution to be passed and completed to the said John Hamilton and his foresaids in due form as use is thereupon. And because the said kirks pertaining of old to the said abbacy of Coldstream are not as yet provided to constant and local stipends, except the said kirk or chapel of Bassendean, which by special act of the commissioners of his majesty's parliament, of the date 18 February 1618, is united to the kirk of Gordon, therefore his majesty and estates aforesaid declare that the said John Hamilton and his foresaids shall be held and astricted to provide and pay to the ministers present and that shall happen to be for the time serving the cure at the said kirks such constant and local stipends out of the readiest fruits and rents of the said kirks as shall be modified and appointed by the commissioners and others having power of his majesty and estates of parliament to that effect. And as to the said kirk of Bassendean, which is united and annexed to the said kirk of Gordon as said is, his majesty and estates aforesaid decree and ordain the said John Hamilton and his foresaids to pay to the ministers serving the cure at the said kirk of Gordon and Bassendean united thereto as said is, and their successors, that part and portion of the stipend of the said united kirks which is appointed to be paid out of the teinds of the said kirk of Bassendean by the said act of the commissioners of parliament of the date above-specified.
[1621/6/68]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with consent of the whole estates of this present parliament, ratifies and approves and perpetually confirms the gift and grant of the deanery of the chapel royal of Stirling made to a right reverend father in God, Adam [Bellenden], bishop of Dunblane of the deanery of the chapel royal, whole ancient foundations thereof and new augmentations added thereto, and also the charter, gift and grant of mortification and endowment of all and whatsoever lands, teinds, rents, revenues and emoluments, annualrents and anniversaries contained and expressed in the aforesaid new gift and charter made and granted by his majesty to the said right reverend father in God, with the whole privileges and immunities therein contained, of the date at [...], together with the sasine to follow thereupon.
[1621/6/69]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify, approve and, for his highness and his successors, perpetually confirm the charter made and granted by his majesty, with advice and consent of his highness's principal treasurer, collector and comptroller within the realm of Scotland, and of his highness's treasurer, collector and comptroller depute within the said realm, and of the remaining lords of his highness's secret council of the said realm of Scotland, his highness's commissioners under his highness's great seal, to a reverend father in God, Alexander, bishop of Dunkeld and Barbara Bruce, his spouse, and to the longest liver of the two in conjunct fee, and to the male heirs lawfully procreated or to be procreated between them, which failing, the said reverend father in God, Alexander, bishop of Dunkeld, his male heirs whatsoever lawfully to be procreated of his own body, which also failing, to Patrick Lindsay, elder, brother-german to the said reverend father in God, and the male heirs lawfully procreated or to be procreated of his own body, which all failing, to return to the said reverend father in God, Alexander, bishop of Dunkeld and his nearest and lawful male heirs whatsoever possessing and bearing the surname and arms of Lindsay heritably, of all and whole the dominical lands of Baltroddie, with the mill, mill lands, multures, knaveships, sucken, sequels and duties of the said mill with the manor place, houses, buildings, yards, orchards, outsets, parts, pendicles and pertinents of the said dominical lands of Baltroddie and mill thereof only lying within the barony of Baltroddie and sheriffdom of Perth, and made by his highness, with advice and consent aforesaid, to the said reverend father in God, Alexander, bishop of Dunkeld and to his male heirs and of tailzie respectively above-designed, of all and sundry the rest of the towns, lands, mills and others particularly underwritten of the said barony of Baltroddie namely, of all and whole the lands of Evelick, with the tower, fortalice, manor place thereof and their pertinents; the lands of Montague and Bowhouse, with the mill, mill lands and pertinents thereof; the lands of Melginch, with the pertinents; the lands of Pitskelly and Balgray, with the mill, mill lands and pertinents thereof; the lands of Auchmague; the lands of Gothunis and Turhillis, with their pertinents respectively; the lands of Pitfour, with the manor place, fishings and their pertinents; the lands of Pitgook, with the mill, mill lands, pendicles and pertinents thereof; and the lands of Drumgrane, with the pertinents; together with the feu ferms, ferms, tenants, tenancies and service of free tenants of the said lands, towns, mills and others above-written, with all their privileges and pertinents, and of all and sundry the teind sheaves of all and whole the towns and lands of Baltroddie, Craigersche, Evelick, Montague and Bowhouse, with the mills and mill lands thereof respectively, with all and sundry the outsets, annexes, connexes, parts, pendicles and pertinents thereof pertaining heritably to the said reverend father in God, lying within the barony and sheriffdom aforesaid; and that upon the resignation made by the said reverend father in God, Alexander, bishop of Dunkeld and his procurators in his name, of all and sundry the said lands and barony of Baltroddie and of the whole towns, lands, mills and others above-written comprehended within the said barony, as well of the said dominical lands of Baltroddie with the mill, mill lands and pertinents aforesaid as of the said lands of Evelick and whole remaining towns, lands, mills and others above-written, with all their pertinents (except the said teind sheaves above-written) which pertained of before to the said reverend father in God and upon resignation made by his highness's trusty cousin and councillor David [Murray], lord Scone, with express consent and assent of Sir Andrew Murray of Balvaird, knight, and Stephen Paterson of Myres for all their right, title and interest whatsoever in and to the teind sheaves underwritten, and their procuratories in their names, of all and sundry the said teind sheaves of the particular towns and lands above-written, with the pertinents which pertained of before to the said David, lord Scone, all in the hands of the said lords of his highness's said secret council of Scotland, his highness's commissioners of the said kingdom, in his majesty's name, in favour and for the said infeftment thereof to be given to the said reverend father in God and his said spouse in conjunct fee and their heirs aforesaid in manner respectively above-written, with the union and erection contained in the said charter uniting, annexing and incorporating all and sundry the said towns, lands, mills, teind sheaves, towers, fortalices, manor places, tenants, tenancies, service of free tenants and whole pertinents thereof above-mentioned in a whole and free barony called and to be called the barony of Baltroddie, whereof the town, fortalice and manor place of Evelick is ordained to be the principal messuage, whereat a sasine is ordained to be taken of all and sundry the said towns, lands, barony, mills, teinds and others above-written in all time coming in manner specified in the said charter, to be held of our sovereign lord and his highness's successors in fee heritage and free barony for ever, as the said charter and infeftment under his highness's great seal of the date at Holyroodhouse, the last day of February 1620. And also the other charter and infeftment made and granted by our said sovereign lord, with advice and consent aforesaid, under his highness's great seal to the said reverend father in God, Alexander, bishop of Dunkeld and Barbara Bruce, his spouse, the longest liver of the two in conjunct fee, and to the male heirs lawfully procreated or to be procreated of the said reverend father's body, which failing, to the said Patrick Lindsay of Ardinbathie, his brother, and the male heirs lawfully procreated or to be procreated of his body, which all failing, the said reverend father in God's nearest and lawful male heirs and assignees whatsoever heritably, of all and sundry the lands of Durdie Inglis, alias Nether Durdie, with the houses, buildings, yards, orchards, dovecots, tofts, crofts, outsets, parts, pendicles, annexes, connexes, dependencies and whole pertinents thereof, together with all and sundry the teinds of the said whole lands, and also with the feu ferms and other renter ferms, kanes, customs, casualties, services and other duties whatsoever of the forenamed lands and teinds with all their pertinents, with tenants, tenancies, service of free tenants of the said lands lying within the lordship of Scone and regality thereof of old and now called the stewartry of Huntingtower and within the sheriffdom of Perth; and that by resignation thereof made by Master Peter Hay of Nether Durdie, George Hay, his eldest lawful son and apparent heir, and Marjorie Hay, spouse to the said Master Peter, all with one mind, consent and assent and with express consent and assent of George Hay of Ross, father to the said Master Peter and Andrew Blair in Ross Ochil, for all right, title or interest they or either of them has or may pretend to the said lands and teinds above-written with the pertinents, or any part thereof, and by their procurators in their names, in the hands of the said lords of his highness's said secret council of Scotland, his highness's commissioners in his majesty's name, in favour and for the said infeftment thereof to be given to the said reverend father in God and his spouse in conjunct fee and their heirs aforesaid in manner above-written, to be held of our said sovereign lord and his highness's successors in feu ferm and heritage for payment of a certain yearly feu duty mentioned in the said charter, as the same under his highness's great seal of the date [...] May last also at more length bears; with the resignations whereupon the said charters and infeftments above-written and either of them proceeded, and the precepts of sasine and sasines following upon the said charters and infeftments, and either of them of whatsoever date or dates, tenor and contents the same resignations and sasines be of, in all and sundry the heads, points, clauses, articles and conditions therein contained, and after the forms and tenors thereof in all points. And our said sovereign lord and estates of parliament will and grant and, for his highness and his successors, decree and ordain that this present ratification is and shall be as effectual and sufficient to the said reverend father in God, Alexander, bishop of Dunkeld and Barbara Bruce, his spouse, their male heirs and of tailzie above-written, for possessing of the said lands, barony, teinds and all others above-written as if the said whole charters and infeftments with the sasine following thereupon were word by word at length herein inserted and contained; and also will, grant and ordain that the said charters and infeftments with the sasine following thereupon and this present ratification thereof is and shall be good, valid and sufficient rights and securities to the said reverend father in God, Alexander, bishop of Dunkeld and his spouse and his male heirs and of tailzie above-written and their assignees for possessing of the said lands, barony, mills, teinds and others above-written therein contained without any action, claim, objection, exception or allegiance to be acclaimed, proposed or alleged by his highness or his successors against the same infeftments and sasines following thereon, or either of them, or this present ratification thereof, validity or invalidity of the same, or against the makers of the resignations whereon the said infeftments proceed, or against the persons in whose favour the said infeftments and sasines are made, or any of them for whatsoever cause, fact or deed bygone, or any other contradiction or impediment to be made by his highness or his successors relating thereto in time coming.
[1621/6/70]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, for diverse good causes moving his majesty and estates aforesaid and for the good, true and thankful service done to his majesty by a reverend father in God, Adam, bishop of Dunblane, ratify and approve the charter, donation and concession therein contained with the precept of sasine inserted in the same made, given and granted by the late George [Gledstanes], archbishop of St Andrews, with consent of the chapter of the metropolitan kirk of the said archbishopric, to the said Adam, bishop of Dunblane, therein designed Master Adam Bellenden of Kilconquhar, parson of Falkirk, his male heirs and assignees, of all and whole the lands and [...] of Kilconquhar, with the loch thereof and fishings of the same loch, with liberty and privilege of a yearly free fair upon 3 May in the town of Kilconquhar, with all tolls, customs and privileges of the same fair, all and whole the lands of Pitcorthie, the lands of Balgrummo, the lands of Caldcoats and the lands of Kilmux, with all and sundry towers, fortalices, manor places, mills, mill lands, multures and sequels thereof, woods, fishings, tenants, tenancies, service of free tenants, advocation and donation of benefices and chaplainries of the same, parts, pendicles and all their pertinents whatsoever lying within the regality of St Andrews and sheriffdom of Fife, to be held of the said late George, archbishop of St Andrews and his successors for the yearly payment of service of ward and relief when it shall happen, and of the sum of 6 merks usual money of the realm of Scotland at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions in name of kane, with common suit in the courts of the said regality of St Andrews to be held at the city of St Andrews yearly, and for the aforesaid liberty of the said fairs, with tolls, customs and privileges thereof, of the sum of 30s money aforesaid at the said terms only; by the which charter the ward and non-entry of the lands and others aforesaid are taxed yearly to the sum of £163 and the marriage of the heir to the sum of £208 of the date at Leith, 2 July 1609, with the instrument of sasine following thereupon, in all and sundry points, articles, clauses and conditions therein contained, after the form and tenor thereof. Likewise his majesty and estates aforesaid declare that this present ratification of the said charter and instrument of sasine following thereupon is and shall be as valid, effectual and sufficient in all respects as if the same charter and instrument of sasine above-mentioned were at length inserted herein, notwithstanding the not inserting of the same, concerning which his majesty and estates aforesaid have dispensed and, by this ratification, dispense for ever. And likewise his majesty and estates aforesaid declare the aforesaid charter, precept of sasine therein contained and instrument of sasine following thereupon with this present ratification thereof to be good, valid and sufficient rights and titles to the said Adam, bishop of Dunblane, his male heirs, assignees and successors in the said lands, for possessing and enjoying of the same lands and others aforesaid, with the aforesaid privileges and liberties of free fairs and taxing of the said ward and marriage, and with all other privileges and liberties therein contained as their own proper heritage at their pleasure in time coming; without prejudice to Sir William Scott of his rights and possession of the lands and barony of Ardross and loch above-mentioned adjacent thereto; as also to Master Alexander Gibson of his lands of Balgrummo and [Master John Lindsay], laird of Balcarres of his rights to the lands of Pitcorthie and patronage of the kirk of Kilconquhar, all which rights are in no way to be prejudiced by this present act according to the law.