Ratification in favour of [Thomas Hamilton], earl of Melrose of his infeftment of Binning

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.

  1. NAS, PA2/20, f.50r-51v. Back
  2. Either 24 June or 29 August. Back