[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.