[1695/5/129]*[print] [email] [cite] [preceding] [following]
At Edinburgh, 1 July 1695, anent the petition presented to his majesty's high commissioner and the estates of parliament by Mr Thomas Skene, advocate, showing that where the petitioner, having bought the lands of Hallyards at a public roup, and there being some papers of the progress of these lands wanting, the tenors whereof are in a paper apart and therein repeated for the sake of brevity, both which could be made up by witnesses and sufficient adminicles, likewise condescended on in the foresaid paper apart; and seeing it concerned the petitioner that the foresaid tenor of the said writs, which were wanting, might be made up and declared to be as sufficient in all processes raised upon the said writs, at the petitioner's instance, as against the same either in reductions or improbations or any other actions whatsoever to be intended by any person against the rights of the said lands, and therefore, petitioned his majesty's high commissioner and the said estates of parliament to take the circumstances to their consideration, and to remit to the committee of parliament for private affairs to consider the tenor of the foresaid writs which were craved to be proven, together with the adminicles produced for proving thereof, and to take the depositions of such witnesses as the petitioner should adduce for making up of the said tenor, and to report their opinion to the parliament, and if his majesty's high commissioner and said estates of parliament should find, by the adminicles produced and witnesses' depositions, that the tenor of the said writs are sufficiently proven, to declare that the said writs shall make as great faith, either in judgement or outwith, and in all actions of reductions and improbations against the said writs, as if the said principal writs were produced, and to grant warrant for citing [Alexander Swinton], lord Mersington, John Skene of Hallyards, Mr James Lauder, provost of Haddington, and Mr John Inglis, advocate, upon forty-eight hours' warning, they being all at present within the town of Edinburgh, for exhibiting such adminicles as they had in their hands which might further contribute to the making up the tenor of the said writs, or for proving the tenor of the same, they granted warrant to macers or messengers to cite the persons above-mentioned, and such other persons as should be condescended upon as witnesses to compear before the committee for private affairs, with power to them to take their oaths and depositions, and to consider the same with the documents produced or that should be produced for making up the tenor of the writs above-specified, and to report, as the said petition and deliverance thereon bears. Likewise, the said Mr Thomas Skene, giver in of the said bill, produced therewith a full and exact duplicate in a paper apart of the writs whereof the tenors are craved to be proven, namely, a procuratory of resignation granted by Mr John Skene, elder of Hallyards, to and in favour of Mr John Skene, younger thereof, of all and entire the lands and barony of Hallyards, as principal and the lands of Libberton and Quothquan in warrandice. Item, an instrument of resignation following thereupon. Item, a precept of sasine under the quarter seal following upon the charter of resignation, proceeding upon the foresaid procuratory of resignation. Item, sasine in favour of Mr John Skene, younger, of the said lands, following upon the foresaid precept and disposition by the said Mr John Skene, younger, of the foresaid lands and barony of Hallyards, and warrandice lands therein contained, to and in favour of John Skene, his eldest lawful son, of the which writs the tenor follows:†
In the first place, the tenor of the procuratory of resignation. Be it known to all men by these letters, me, Mr John Skene of Hallyards, one of the clerks of session, heritable proprietor of the lands, baronies and others underwritten, for implementing and fulfilling of the contract of marriage made and passed between Mr John Skene, younger, son, with my consent, and Mary Kerr, his promised spouse, lawful daughter to the late James Kerr of Mersington, with consent of Thomas Kerr of Mersington, her brother german, and of John Kerr, her father-in-law on the one and other parts, of the date 14 October last, to have made, constituted and ordained and hereby make, constitute and ordain, Mr John Henderson, one of the ordinary macers before the lords of the privy council and exchequer, and each one of them conjunctly and severally, my very lawful undoubted and irrevocable procurators, actors, factors and special errand bearers, to the effect underwritten, giving, granting and committing to them, conjunctly and severally, as said is, any full power for me, in my name, and upon my behalf to compear before our sovereign lord the king's majesty, and his highness's successors, immediate lawful superiors of the said lands, baronies and others after-specified, or their commissioners in their names having power to receive resignations, and to grant new infeftments thereupon at whatsoever day or days, place or places lawful or convenient, and there, with all due humility and condign reverence, as becomes purely and simply by staff and baston, as use is, to resign, surrender, give up, give over and deliver. Likewise, I hereby resign, surrender, give up, give over and deliver all and whole the lands of Hallyards, with the principal messuage, manor place, houses, biggings, yards, orchards, meadows and all their pertinents, and also all and whole the lands and mains of Hallbarns, with their pertinents, together with the teind sheaves and other teinds, fruits, rents and emoluments of the said lands of Hallyards and Hallbarns respectively, included therein which were never separated from the stock thereof, and all their pertinents, all sometime erected in a free barony called the barony of Hallyards, lying within the barony of Liston and sheriffdom of Edinburgh. And also, all and whole these three rigs of land of all and entire these three oxengate of land of the town and lands of Old Liston, belonging of before to John Spencer, portioner of Old Liston, lying southerly and northerly together. Also and as much a portion of the ends of another three rigs of land lying easterly and westerly contiguous at the south end of the said first three rigs, as is correspondent and equivalent to the breadth of the same first three rigs, lying within the said barony of Liston, bounded and limited in manner following, namely between that part and portion of the lands of Old Liston and now pertaining to Alexander Inglis of Rottenrow on the east, and the lands of Rottenrow pertaining to the said Alexander Inglis on the south, that part and portion of the said lands of Old Liston belonging to George Stevenson on the west, and the lands of Hallyards on the north parts as principal. And similarly, all and entire the towns and lands of Libberton, and eight oxengate of land of Muirhouse, with tower, fortalice, manor place, houses, biggings, yards, orchards and remaining pendicles and pertinents of the said lands of Libberton, with the mill thereof, mill lands, multures and sequels of the same, outsets, annexes, connexes, dependencies, tenants, tenantries, service of free tenants and all their pertinents, extending in the whole to a forty pound land of old extent. And likewise, all and entire the towns and lands of Quothquan and Cormiston, with the mill of Quothquan, mill-lands, multures and sequels thereof, commonties, parts, pendicles and all their pertinents, all sometime erected in a free barony called the barony of Libberton and lying within the lordship and barony of Carnwath and sheriffdom of Lanark, and that, in special warrandice and security, of all and whole the foresaid lands of Hallyards, with the principal messuage, manor place, houses, biggings, yards, orchards, meadows thereof and all their pertinents. And also, of all and whole the foresaid lands and mains of Hallbarns, with their pertinents, together with the teind sheaves and other teinds, as well parsonage as vicarage, of the said lands of Hallyards and lands and mains of Hallbarns respectively, parts, pendicles and all their pertinents, all the forenamed lands and others respectively above-specified, with their pertinents, principal and warrandice, erected in my infeftments thereof in a whole and free barony called the barony of Hallyards, in the hands of the said superiors or their commissioners above-mentioned, in favour and for new infeftments of the same to be made and granted to the said Mr John Skene, younger, my son and the heirs lawfully to be gotten of his body, which failing to return to me, my heirs and assignees heritably, reserving always to me my liferent of all and whole the said principal messuage, manor place, houses, yards and orchards of Hallyards with the meadows, how meadows, chapel meadow and western meadows within the outmost boundary about the said meadows, with these butts and crofts of arable land lying within the said meadows and outmost boundaries environing the same meadows, all presently possessed by myself, my servants and goods and such like, reserving to me my liferent of all and whole these parts and portions of the said principal lands above-specified, namely of all and entire that croft of manured lands called the Brye croft, the Easter and Wester Cruicks, the Lord's mealing,† together with the Wester Ryehill, both outfield and manured land thereof, and lands called Gardilands, both outfield and infield of the same, and also of that dwelling houses, barn, byre and barnyard in Hallbarns, all presently possessed by George Cramond,† my tenant, contained in the tack set to him thereof by me, registered in the books of council and session upon 30 December 1637. And also, all and whole that part and portion of manured land called the Langhaugh and Dockerniel, presently possessed by Thomas Baron as a part of the lands contained in their tack set to him. And likewise of that house lying at the town end of Old Liston, with the yard and acre of land adjacent thereto, presently possessed and laboured by John Kincaid, tenant thereof, and of the said three rigs and three rig-ends of land sometime pertaining to the said John Spencer, together with the teinds, parsonage and vicarage, of the said parts and portions of the said lands and meadows respectively. These for all the days of my lifetime, in such due and competent form as pertains to acts, instruments and documents, one or more as need be in these matters, to ask, lift and raise and generally all and sundry other things thereupon to do, use and exercise, as such and as freely in all respects, as I might do therein myself, if I were personally present, promising to confirm etc., consenting to the registration hereof in the books of council and session, or any others competent therein, to remain for conservation and to that effect constitutes [...]† my lawful procurators, in witness whereof (written by George Sibbald, servant to John Learmont, writer to his majesty's signet), I have subscribed this document with my hand at Edinburgh, 24 November 1641, before these witnesses, the said John Learmont and George Sibbald, his servant, writer hereof, and John Nicolson, my servant. Signed thus, Mr John Skene, John Learmont, witness, George Sibbald, witness, and John Nicolson, witness.
Follows the tenor of the instrument of resignation proceeding upon the said procuratory. In the name of God, amen, be it known to all men by this present public instrument that upon 15 January 1642, and of the reign of our sovereign lord Charles, by the grace of God, king of Great Britain, France and Ireland, defender of the faith, the seventeenth year, in the presence of one notary public undersigned and witnesses as pertains, compeared personally Mr John Henderson, one of the ordinary macers before the lords of his majesty's privy council and exchequer, as procurator lawfully constituted by Mr John Skene of Hallyards, one of the clerks of session, for resigning of the lands, barony and others underwritten, in manner and to the effect after-specified, by virtue of the procuratory of resignation granted and subscribed by him thereupon of the date 24 November last, and passed to the personal presence of the lords of his majesty's treasury and exchequer, his majesty's commissioners having full power from his majesty to receive resignations and to grant new infeftments thereupon, being actually convened in exchequer within the tolbooth or new session house of Edinburgh where the said lords of exchequer usually sit, and there by virtue of the said procuratory and power committed to him, with all due humility and condign reverence, as becomes, the said Mr John Henderson, procurator foresaid, duly and lawfully resigned, surrendered, gave up, gave over and delivered all and entire the lands of Hallyards and principal messuage, manor place, houses, biggings, yards, orchards, meadows and all their pertinents, and also all and whole the lands and mains of Hallbarns, with their pertinents, together with the teind sheaves and other teinds, fruits, rents and emoluments of the said lands of Hallyards and Hallbarns respectively included therein, which were never separated from the stock thereof, with all their pertinents, all sometime erected in a free barony, called the barony of Hallyards, lying within the barony of Liston and sheriffdom of Edinburgh. And similarly, all and entire these three rigs of land of all and whole these three oxengate of land of the town and lands of Old Liston, belonging of before to John Spence, portioner of Old Liston, lying southerly and northerly together, also with as much a portion of the ends of another three rigs of land lying easterly and westerly contiguous at the south end of the said three first rigs, as is correspondent and equivalent to the breadth of the same first three rigs, lying within the said barony of Liston bounded and limited in manner following, namely between that part and portion of the lands of Old Liston pertaining of before to James and Thomas Inglis, portioners of Old Liston and now pertaining to Alexander Inglis of Rottenrow on the east, and the lands of Rottenrow pertaining to the said Alexander Inglis on the south, that part and portion of the said lands of Old Liston belonging to George Stevenson on the west and the lands of Hallyards on the north part as principal. And also, all and entire the towns and lands of Libberton and eight oxengate of land of Muirhouse, with tower, fortalice, manor place, houses, biggings, yards, orchards and remaining pertinents and pendicles of the said lands of Libberton, with the mill thereof, mill-lands, multures and sequels of the same, outsets, annexes, connexes, dependencies, tenants, tenantries, service of free tenants and all their pertinents, extending in the whole to a forty pound land of old extent. And likewise, all and entire the towns and lands of Quothquan and Cormiston, with mill of Quothquan, mill-lands, multures and sequels thereof, commonties, parts, pendicles and all their pertinents, all sometime erected in a free barony called the barony of Libberton, and lying within the lordship and barony of Carnwath and sheriffdom of Lanark, and that, in special warrandice and security, of all and sundry the foresaid lands of Hallyards, with the principal messuage, manor place, houses, biggings, yards, orchards, meadows thereof, and all their pertinents. And also, of all and entire the foresaid lands and mains of Hallbarns, with their pertinents, with the teind sheaves and other teinds, as well parsonage as vicarage, of the said lands of Hallyards, and lands and mains of Hallbarns respectively parts, pendicles and all their pertinents, all the forenamed lands and others respectively above-specified with their pertinents principal and warrandice, erected in the said Mr John Skene his infeftment thereof, in a whole and free barony called the barony of Hallyards, in the hands of a noble and potent earl John [Campbell], earl of Loudoun, lord Tarrinzean and Mauchline, high chancellor of Scotland, and one of the lord commissioners of his majesty's treasury and exchequer, who for himself and, in name and behalf of the said remaining lords of his majesty's treasury and exchequer, his majesty's commissioners above-mentioned, accepted and received the same in favour and for new infeftments thereof to be made and granted to Mr John Skene, younger, son to the said Mr John Skene, and the heirs lawfully to be gotten of his body, which failing to return to Mr John Skene, elder, his father, his heirs and assignees heritably in such due and competent form as appropriate, reserving always to the said Mr John Skene, elder, his liferent of all and whole the said principal messuage, manor place, houses, yards and orchards of Hallyards, with the meadows, how meadows, chapel meadow and wester meadows within the outmost boundaries about the said meadows, with these butts and crofts of arable land lying within the said meadows and outmost boundary environing the same meadows, all presently possessed by the said Mr John Skene, elder, himself, his servants and goods, and such like, reserving to the said Mr John Skene, elder, his liferent of all and whole the parts and portions of the said principal land above-specified, namely of all and whole that croft of manured land called the Byre croft, the Easter and Wester Cruicks, the Lords mealing, together with the Wester Ryehills, both outfield and infield land thereof, and land called Gardilands, both outfield and infield of the same, and also of that dwelling house, barn, byre and barnyard in Hallbarns, all presently possessed by George Cramond, his tenant, contained in the tack set to him thereof by the said Mr John, registered in the books of council and session upon 30 December 1637, and also of all and entire that part and portion of manured land called the Laughaugh† and Dockerniel, presently possessed by Thomas Baron as a part of the lands contained in the tack set to him, and likewise of that house lying at the town end of Old Liston with the yard and acre of land adjacent thereto, presently possessed and laboured by John Kincaid, tenant thereof, and of the said three rigs and three rig ends of the land, sometime pertaining to the said John Spence[r], together with the teinds, parsonage and vicarage, of the said parts and portions of the said lands, and meadows respectively, for all the days of the said Mr John Skene, elder, his lifetime. Which resignation, being so made and as accepted and received in manner foresaid, the said noble earl John, earl of Loudoun, for himself and in name and behalf of the said remaining lords of his majesty's treasury and exchequer, his majesty's commissioners above-mentioned, of new gave, granted and conveyed back again to the said Mr John Skene, younger, and the heirs of his body, which failing to return to the said Mr John Skene, elder, his heirs and assignees, heritably, all and sundry the foresaid land, barony and others above-written, both principal and warrandice, all lying and designed in manner respectively above-specified, together with all right his majesty has or may pretend thereto, and that the deliverance back again to the said Mr John Henderson, procurator foresaid, as attorney and in name and behalf of the said Mr John Skene, younger, of the staff and baston wherewith the same was resigned, as use is, conforming to the infeftments to be made and passed thereupon by way of signature under the great seal. Whereupon and upon all and sundry these matters, the said Mr John Henderson, procurator foresaid, and as attorney, and in name and behalf of the said Mr John Skene, younger, asked and took instruments one or more in the hands of me, notary public undersigned, these things were done in the said new session house of Edinburgh, in the upper exchequer house thereof where the said lords of treasury and exchequer were actually convened for the time between [...] and [...] hours in the afternoon, day, month, year of God and king's reign respectively foresaid, in the presence of [...]† with diverse other witnesses to these matters especially desired and required and thus signed.
[1. Decreet in favour of Thomas Skene: Latin introduction followed by brief Scots text, dated 1 July 1695, followed by a Latin note from John Nicolson to say that he has drawn up the necessary documents in legal form. 2. Precept of sasine, Latin text, dated 21 January 1642. Issued by Charles I. It repeats the information contained in the previous Scots text after large APS gap. Witnesses of sasine: John Campbell, earl of Loudoun, lord Tarrinzean and Mauchline etc, lord chancellor, Archibald Campbell, marquis of Argyll, William Cunningham, earl of Glencairn, lord Kilmaurs etc., John Lindsay, earl of Crawford Lindsay, lord Parbroath etc., Sir James Carmichael of that ilk, treasurer depute, and also with the advice of other lords of the exchequer. 3. Sasine in favour of John Skene, younger, of the barony of Hallyards: Latin text, dated 3 March 1642. Its information is summarised in the second part of the Scots text above. Witnesses of sasine: John, earl of Loudoun, lord Tarrinzean and Mauchline etc, lord chancellor, Archibald, marquis of Argyll, earl of Kintyre, lord Campbell and Lorne etc., William, earl of Glencairn, lord Kilmaurs etc., John, earl of Lindsay, lord Parbroath etc., Sir James Carmichael of that ilk, treasurer depute, and also with the advice of other lords of the exchequer.]
Follows the tenor of the disposition granted by the said Mr John Skene, younger, of Hallyards, in favour of John Skene, his eldest lawful son, of the said lands and barony of Hallyards. Be it known to all men, by these present letters, me, Mr John Skene, [...] of Hallyards, heritable proprietor of the lands, teinds and others underwritten, with the pertinents, with the special advice and consent of Mary Kerr, my spouse, and me the said Mary Kerr, for myself, for all right of conjunct fee, liferent, terce or any other right whatsoever, which I have or may pretend to the land, teinds and others above-specified by virtue of my contract of marriage with the said Mr John Skene, or any other manner of way, with the advice and consent of the said Mr John Skene, my husband, and me the said Mr John, for myself, and as taking burden upon me for my said spouse and us both, with one consent and assent, for the love, favour and affection which we have and bear to John Skene, our eldest lawful son, and for certain other onerous causes and good considerations moving us, to have given, granted and conveyed and hereby gives, grants and conveys to and in favour of the said John Skene, our son, and his heirs, assignees and successors, whatsoever heritably and irredeemably, without any reversion, redemption or regress whatsoever, all and entire the lands of Hallyards, with the principal messuage, manor place, houses, biggings, yards, orchards, meadows and all and sundry their pertinents, and all and whole the lands and mains of Hallbarns, with their pertinents, together with the teind sheaves and other teinds, fruits, rents and emoluments of the said lands of Hallyards and Hallbarns respectively included therein, and which were never separated from the stock, all of old erected in a free barony called the barony of Hallyards, lying within the sheriffdom of Edinburgh. As also, all and entire these three rigs of land of the town and lands of Old Liston, sometime belonging to John Spence[r], portioner of Old Liston, lying south and north together, with the portion of the ends of these three rigs of land lying east and west contiguous at the south end of the said first three rigs, lying within the said barony of Liston, bounded and marched as follows, namely between that part and portion of the lands of Old Liston sometime belonging to James and Thomas Inglis, portioners of Old Liston, and thereafter to now to Alexander Inglis of Rottenrow on the [...] the lands of Rottenrow on the [...] and the lands of Rottenrow belonging to the said Alexander Inglis on the south, and that part and portion of the said lands of Old Liston pertaining to George Stevenson on the west, and the lands of Hallyards on the north parts, and that as for the principal. And similarly, all and entire the towns and lands of Libberton with eight oxengate of lands of Muirhouse, with tower, fortalice, manor place, houses, biggings, yards, orchards and remaining pendicles and pertinents of the said lands of Libberton, with the mill thereof, mill-lands, multures and sequels of the same, outsets, annexes, connexes, dependencies, tenants, tenantries, service of free tenants, and all and sundry their pertinents extending in the whole to a forty pound land of old extent. And likewise, all and whole the towns and lands of Quothquan and Cormiston, with the mill of Quothquan, mill-lands, multures and sequels thereof, commonties, parts, pendicles and all their pertinents, all sometime erected in a free barony called the barony of Libberton, lying in the lordship and barony of Carnwath and within the sheriffdom of Lanark, and that in special warrandice and security, of all the said lands of Hallyards, with the principal messuage, manor place, houses, biggings, yards, orchards, meadows and all their pertinents. And also, of all and entire the said lands and mains of Hallbarns, with their pertinents, together with the teind sheaves and other teinds, as well parsonage as vicarage, of the said lands of Hallyards and lands and mains of Hallbarns respectively, with their parts and pendicles, and all and sundry their pertinents. Which whole lands and others respectively above-written, with their pertinents as well principal as warrandice above-conveyed, were all in a whole and free barony called the barony of Hallyards, conforming to the infeftments thereof granted to late Mr John Skene of Hallyards, elder, my father, of the date 22 January 1642, ordaining a sasine to be taken by him, his heirs and successors in all time thereafter at the principal messuage of Hallyards, to be a sufficient sasine for all and sundry the foresaid lands, teinds and others above-written, both principal and warrandice, reserving always to me the said Mr John Skene and the said Mary Kerr, my spouse and longest liver of us two, our liferent of eight chalders and five bolls victual of the qualities after-specified, namely four chalders of bear, nineteen bolls of wheat and three chalders and two bolls of meal, all good and sufficient victual of the measure of Edinburgh, yearly, to be uplifted by us and the longest liver of us between the feast of Yule and Candlemas [2 February] furth of the lands and others above-written, with the pertinents and that free of all burden or feu duties, ministers' stipends, schoolmasters' fees, stents, taxations, cess or other impositions whatsoever to be imposed upon the said lands and teinds in any time hereafter. As also, reserving to me and my said spouse the principal mansion which is the west part of the east mansion house with the yard and principal orchard, with the fencing which lies upon the south side of the said two mansion houses. And likewise reserving to me and my said spouse, and longest liver of us two, the equal half of the use, benefit and pasturage upon the meadows belonging to the said lands and the equal half of the use and benefit of the stables possessed by me, and the equal half of the byre wherein the milk cattle stay, during all the days of our lifetime. And I, with consent foresaid, and taking burden as is above-specified, bind and oblige me and my heirs and successors duly and sufficiently to infeft and seise by charter and sasine with weighty title and in due and competent form, the said John Skene, my son and his foresaids, in the said lands, barony, teinds and others above-conveyed, with the pertinents, reserving as is above reserved and that by two several infeftments and manner of holdings, the one thereof to be held of me and my heirs in free blench for payment of 1d Scots money yearly, upon the ground of the said lands at the feast of Whitsunday [May/June] in name of blench ferm, if it be asked only, and the other of the said infeftments to be held from me and my foresaids of the immediate lawful superiors of the said lands, as such and as freely in all respects as I hold or may hold the same myself, either by resignation or confirmation, as best shall please the said John Skene, my son and his foresaids, the acceptation of one of the said infeftments to be in no way prejudicial to the other, and for that effect to make, grant, subscribe and deliver to them sufficient charters containing precepts of sasine, procuratories of resignation and all other securities required and necessary for infefting and securing him and his foresaids therein (with warrandice always in manner underwritten) upon my own proper charges and expenses. And further know that I, with consent foresaid, of my said spouse and us both with one consent and assent and taking burden, as said is, to have made, constituted and ordained, and hereby make, constitute and ordain, the said John Skene, our son and his foresaids, (with and under the reservations respectively above-mentioned) our undoubted cessioners and assignees, not only in and to the whole writs and evidences, rights, titles and securities whatsoever, both old and new of and concerning the foresaid lands and teinds with the pertinents above-conveyed, both principal and warrandice, granted and conceived in favour of us or either of us our predecessors, cedents and authors and to the whole clauses, tenors and contents thereof dispensing with the generality foresaid, but also in and to the whole meal, ferms, kanes, customs, casualties, profits and duties of the said lands and teinds principal above-conveyed, and that of this instant crop and year 1660, and of crop, years and terms in time coming (reserving to us and longest liver of us two as is above reserved) with all action, instance and execution whatsoever competent or that may be competent to us or our foresaids upon the matters respectively above-assigned, and all that has followed or may follow thereupon, surrogating hereby the said John Skene, our son and his foresaids, in our full place, right and title of the same (reserving as is above-specified) for now and ever. And I the said Mr John Skene, for myself and as taking burden as aforesaid, bind and oblige me and my foresaids, to warrant the foresaid disposition, right and assignation above-written, and infeftments to follow hereupon, to be good and sufficient to my said son and his foresaids from my own proper facts and deed and the proper facts and deeds of my said spouse, done or to be done in prejudice hereof only, and no further. Likewise, I bind and oblige me to exhibit and make forthcoming to him the whole writs and evidences of the said lands and teinds to be used by him and his foresaids, as their own proper writs and evidences at their pleasure in time coming. And lastly, I oblige me to move and cause the said Mary Kerr, my spouse, compear judicially before any judge ordinary and there outwith my presence to ratify these letters in the ordinary form, and to the effect the said John Skene may the more conveniently obtain himself infeft in the land, teind and others foresaid, either holding of me the said Mr John in free blench or of my immediate superiors of the same by confirmation, I, by the tenor hereof, makes, constitutes and ordains Mr Alexander Swinton of Mersington, [...] and each one of them, conjunctly and severally my lawful bailies in that part, giving and hereby committing to them conjunctly and severally, as said is, my full power and commission for me on my behalf and name, to pass to the manor place of Hallyards, as place appointed for taking of the said sasine, corporal, actual and real possession of all and whole my said lands of Hallyards, with the principal messuage, manor place, houses, biggings, yards, orchards, meadows and all and sundry their pertinents, and all and whole the lands and mains of Hallbarns, with their pertinents, together with the teind sheaves and other teinds, fruits, rents and emoluments of the said lands and mains of Hallyards and Hallbarns respectively, included therein which were never separated from the stock and all their pertinents, all of old erected in a free barony called the barony of Hallyards, lying as is before rehearsed, and also of all and whole the said three rigs of land of the town and lands of Old Liston, with the said portion of the end of other three rigs of land belonging lying and bounded in manner above-related, and that as for the principal, and also of all and entire the said town and lands of Libberton and eight oxengate of land of Muirhouse, with tower, fortalice, manor place, houses, biggings, yards, orchards and remaining pendicles and pertinents of the said lands of Libberton, with the mill thereof, mill-lands, multures and sequels of the same, outsets, annexes, connexes, dependencies, tenants, tenantries, service of free tenants and all and sundry their pertinents, extending as said is, and likewise, of the said towns and lands of Quothquan and Cormiston, with the mill of Quothquan, mill-lands, multures and sequels thereof, commonties, parts, pendicles and all their pertinents, all erected in a free barony called the barony of Libberton, and lying in manner foresaid, and that in special warrandice and security of all the said lands of Hallyards, with the principal messuage, manor place, houses, biggings, yards, orchards, meadows and all their pertinents, and also of all and whole the said lands and mains of Hallbarns, with their pertinents, with the teind sheaves and other teinds, as well parsonage as vicarage, of the said lands of Hallyards and lands and mains of Hallbarns respectively, with their pertinents, all erected in a free barony in manner foresaid, to the said John Skene or his certain attorney or attorneys in his name, bearers hereof, by deliverance of earth and stone of the said lands and of a handful of corn and stubble for the said teinds, in form of law used and wont, to be held either of me in free blench or of my immediate superiors, by confirmation under and with the reservations of mine, the said Mr John Skene, and my said spouse, our liferent of eight chalders, five bolls victual and others above-reserved. Likewise, it is hereby declared that, in respect the dovecot formed by me is not perfected, therefore the said John Skene, by the acceptation hereof, be held and astricted to build up and perfect the same and being so built and perfected, the benefit and profit thereof shall flow back to me and the said John towards the furnishing of my house, equally during my lifetime, and for the now security we are content and consent these writs to be inserted and registered in the books of council and session, or in any other judge's books competent within this realm, to have the strength of a decreet of the judges thereof, and their authority interposed thereto that letters of horning on six days and others necessary may pass hereupon. And therefore we constitute [...] our procurators, in witness whereof (written by James Howden, writer in Edinburgh) we have subscribed these words with our hands at Edinburgh, 31 July 1666, before these witnesses: Mr David Watson, writer to his majesty's signet, and the said James Howden, Mr James Lauder and Mr James Ramsay, witnesses, writers in Edinburgh. Signed thus, Mr John Skene, Mary Kerr, Mr David Watson, witness, James Lauder, witness, James Ramsay, witness, and James Howden, witness.†
Likewise, he also produced for proving the tenor thereof the writs after-mentioned, namely, in the first place, a contract of marriage between Mr John Skene, younger of Hallyards, with consent of Mr John Skene, elder of Hallyards, his father, and Mary Kerr, daughter to Mersington, with consent therein-mentioned, whereby the said Mr John Skene, elder, is bound and obliged to infeft Mr John Skene, his son, in the lands of Hallyards, Hallbarns and others for principal and the lands of Libberton and others in warrandice, anterior to the procuratory, with a declaration under the hand of Sir Thomas Moncrieff, clerk to the exchequer, bearing that upon 15 January 1642, Mr John Henderson resigned the lands of Hallyards and Hallbarns, as principal, lands of Libberton and others therein-mentioned, in warrandice, in favour of the said Mr John Skene, younger, with reservation contained in the procuratory and signature and that John Nicolson was notary. As also produced the principal register of the minute of resignations in exchequer, beginning 10 September 1636, and ending 5 April 1682, wherein the minute of the foresaid resignation is engrossed. As also the charter of resignation under the great seal dated 22 January 1642. And for documenting and adminiculating of the tenor of the precept under the quarter seal and sasine thereon following upon the said charter and resignation, produced a just duplicate of the said instrument of sasine subscribed by John Rose of Newck, depute to [George MacKenzie], viscount of Tarbat, lord clerk of register, wherein the precept under the quarter seal is word for word engrossed and produced. Also the principal registers of sasine in the year 1642, wherein the said instrument of sasine is recorded and registered. And for adminiculating of the tenor of the disposition made by Mr John Skene of Hallyards in favour of John Skene, now of Hallyards, his eldest lawful son, produced a principal renunciation by Mary Kerr, lady Hallyards, with consent of her husband, whereby she restricts her liferent provision to eight chalders of victual, dated 31 July 1666, and which bears that Mr John Skene and his spouse had, by their disposition subscribed of that date, made over the lands of Hallyards and Hallbarns in favour of John Skene, now of Hallyards, and to which Mr John Skene is a subscriber, and the old Lady Hallyards' judicial ratification thereof. And also her judicial ratification of the disposition made by her and her husband in favour of John Skene, their son, both of the same date of the disposition. As also produced the principal sasine following upon the said disposition, wherein the date, writer and witnesses' names are inserted and their subscriptions with the charter of confirmation thereof under the great seal, dated 19 July 1673. Item, a declaration subscribed by the said Sir Thomas Moncrieff, whereof the tenor follows, dated 15 January 1642. Item, for Mr John Skene, elder of Hallyards, Mr John Henderson resigned the lands of Hallyards and Hallbarns as principal and lands of Libberton, Muirhouse, Quothquan and Cormiston, in warrandice, three tail riggs of land in Old Liston in favour of Mr John Skene, younger etc., with reservation contained in the procuratory and signatures, notary John Nicolson, servant to the said Mr John Skene, elder. This is the true copy taken of the minute book of resignations kept in exchequer, attested by Sir Thomas Moncrieff, clerk thereof, signed thus, Thomas Moncrieff. The above-written petition and copy of the writs, whereof the tenor is craved to be proven, with the adminicles produced for proving the tenor thereof, with the depositions of the witnesses after inserted and report of the committee of private affairs made in the said matter, in manner after-mentioned, being read in the presence of his majesty's high commissioner and the estates of parliament foresaid and they, having considered the same and being therewith well and ripely advised, his majesty, with advice and consent of the estates of parliament, found and hereby finds the tenor of the foresaid procuratory of resignation and instrument of resignation following thereon, precept and instrument of sasine, disposition and other writs whereof the copies are above-written, sufficiently proven by the adminicles, depositions and declarations above-produced, and declared and hereby declares the said writs shall make as great faith, either in judgement or outwith the same, and in all actions, either intended at the instance of the said Mr Thomas Skene upon the said writs or in actions of reductions and improbations against the said writs, as if the said principal writs themselves were produced, because the time of presenting the said petition to the parliament, which was upon 10 June 1695, his majesty's high commissioner, having heard the same, they granted warrant to macers or messengers to cite the persons within mentioned with such other persons as should be condescended upon as witnesses before the committee for private affairs, with power to them to take the oaths and depositions and to consider the same with the documents produced or that should be produced for making up the tenor of the above-written writs, and to report. Conforming to which deliverance, James Guthrie, Dingwall pursuivant, passed upon 12 June 1695, and lawfully summoned the said Sir Alexander Swinton of Mersington, one of the senators of the college of justice, Mr James Lauder, sheriff clerk of Haddington and late provost thereof, John Skene of Hallyards and Mr John Inglis, advocate, and delivered copies to the said Lord Mersington and John Skene personally apprehended and left copies in the lock-holes of the most patent doors of the dwelling houses of the said Mr James Lauder and Mr John Inglis in Edinburgh, after knocking of six several knocks, to have compeared before the committee of private affairs within forty-eight hours next after the giving of the said copies, as an execution under the hand of the said James Guthrie, Dingwall pursuivant, of the date foresaid at more length bears. Likewise, the said petition, being upon 19 June last read in the presence of the said committee for private affairs, and on deliverance for remitting to them they granted warrant to [Sir] James Smollett [of Stainflett and Bonhill] and Mr James Scougal [of Whitehill], two of their number, to consider the documents produced and to take the depositions for proving the said tenor, and to report to the said committee with their first convenience. Thereafter, John Skene of Hallyards, having upon 25 June 1695 compeared in the presence of the subcommittee for private affairs, to whom it was remitted, and being solemnly sworn testified that the deponent knew that when he caused inventory his father's charter chest that there was a complete progress and no mid-couple was wanting, and particularly that when Mr David Watson, writer to the signet, had inventoried the same, he told the deponent that he had a complete progress in his person, and further testified that the deponent did really receive a disposition from Mr John Skene of Hallyards, his father, of the lands of Hallyards and Hallbarns and others mentioned in the copy of the disposition produced, marked and subscribed by the said subcommittee, and that the same was drawn by the said Mr David Watson and written by James Howden, his servant, and was subscribed by the deponent's father, and that both Mr David Watson and James Howden, who were witnesses, are both dead, and that the deponent had the same in his custody and took infeftment thereupon, and got a confirmation thereof under the great seal and that the same papers whereof the tenor is craved to be proven were fallen by hands at that present time. Similarly, the said Sir Alexander Swinton of Mersington, having upon 26 June 1695 compeared in the presence of the said subcommittee, who, being solemnly sworn, purged of partial counsel, examined and interrogated, testified that after the deponent was married to Alison Skene, his present spouse, which was in the month of April 1666, the deponent, at his said wife's earnest desire, within a few months after the marriage did interpose with the said deceased Mr John Skene of Hallyards, the deponent's father-in-law, to make over his estate of Hallyards and Hallbarns and others and the warrandice lands in favour of the said John Skene, his eldest son, and his heirs heritably and irredeemably, with the reservation of the conveyer and his lady their liferent of a part thereof, which accordingly old Hallyards yielded to and conveyed the same as conformed. And that the deceased Mr David Watson was employed to draw the disposition and to the best of the deponent's memory the deceased James Howden, his servant, was the writer thereof, and testified that the same was delivered to the said John Skene of Hallyards, and he put in possession accordingly, the cause of knowledge is clear, as the said depositions extant in process at length bears. And the said committee for private affairs, having upon 28 June 1695, considered the contract of marriage between Mr John Skene, younger of Hallyards, with consent of Mr John Skene of Hallyards, his father, and Mary Kerr, daughter to Kerr of Mersington, with consent therein-mentioned on the one and other parts of the date 14 October 1641, whereby the said John Skene, elder, is bound and obliged to infeft Mr John Skene, his son, in the lands of Hallyards, Hallbarns and others in principal and the lands of Libberton and others in warrandice, containing an obligement to grant a procuratory, and having also seen and considered the said declaration under the hand of the said Sir Thomas Moncrieff, clerk of treasury and exchequer, bearing that there is recorded in the minute book of resignations kept in exchequer that, upon 15 January 1642, Mr John Skene, elder of Hallyards, and Mr John Henderson, resigned the lands of Hallbarns and Hallyards as principal, the lands of Libberton, Muirhouse, Quothquan and Cormiston, in warrandice, three rigs of land in Old Liston, in favour of Mr John Skene, younger, with the reservation contained in the procuratory and signature, notary John Nicolson, servant to the said Mr John Skene, elder. And having called for and seen and compared the principal register of the minute of resignations made in exchequer, beginning 10 September 1636 and ending 5 April 1682, and found the foresaid minute of the said resignation engrossed therein, as also having considered the principal charter of resignation following thereupon in favour of the said Mr John Skene, younger of Hallyards, under the great seal dated 22 January 1642, with a just duplicate of the instrument of sasine, following upon the precept under the quarter seal, by virtue of and conforming to the said charter subscribed by the above-named John Rose of Newck, depute to the viscount of Tarbat, lord clerk register, wherein the precept under the quarter seal is word for word engrossed. And having also called for, seen, compared and considered the principal register of sasines in the year 1642 and found the said sasine in favour of the said John Skene, younger of Hallyards, recorded and registered therein, as also having considered the depositions adduced, and also considered that the said Mr Thomas Skene is a singular successor in the said lands, principal and warrandice, by public roup and sale thereof, and dispositions of the same from the several creditors, and that upon John Skene of Hallyards, his affairs going wrong, the papers after-mentioned have been abstracted or at least fallen missing. Therefore, the said committee for private affairs were of the opinion that the tenors of the procuratory of resignation granted by the said Mr John Skene, elder of Hallyards, in favour of Mr John Skene, younger of Hallyards, of the said lands, principal and warrandice, in implementation of the foresaid contract of marriage dated 24 November 1641, with the instrument of resignation following thereupon dated 15 January 1642,† and the precept under the quarter seal, conforming to and by virtue of the charter under the great seal produced dated 22 January 1642, and instrument of sasine by virtue of and conforming thereto dated 3 March 1642, registered in the particular register of sasines, reversions and other writs kept at Edinburgh, upon 12 March 1642, the full copies whereof are marked, signed and subscribed by the said Mr James Smollett and Mr James Scougal, the subcommittee, are sufficiently documented, verified and proven by the foresaid writs produced and probation adduced and, having also considered the adminicles and documents produced by the said Mr Thomas Skene for proving the tenor of the disposition made by late Mr John Skene of Hallyards, and his spouse, in favour of the said John Skene of Hallyards, his eldest lawful son, 31 July 1666, namely a principal renunciation granted by the said Mary Kerr, lady Hallyards, with consent of her husband, whereby she restricts her liferent provision to eight chalders of victual of the date the said 31 July 1666, and which bears that Mr John Skene, and his spouse, had by their disposition subscribed of that date conveyed the lands of Hallyards and Hallbarns in favour of John Skene, younger of Hallyards, with reservation of their liferent of eight chalders of victual of the quality therein-mentioned, and which renunciation is subscribed by the said Mr John Skene as well as his said spouse; with the old Lady Hallyards her judicial ratification of the said renunciation, as also the extract of her judicial ratification of the said disposition made by the said Mr John Skene, her husband, and her in favour of the said John Skene, their son, of the said lands, principal and warrandice, both before the bailies of Edinburgh, upon 31 July 1666; with the principal sasine following upon the said disposition, wherein the precept of sasine contained in the end of the said disposition, with the date, writer and witnesses' names and subscriptions inserted, being dated 15 October 1666, and duly registered with the charters of confirmation thereof under the great seal dated 19 July 1673, the said committee were of opinion that the tenor of the foresaid disposition made by the said late Mr John Skene of Hallyards and Mary Kerr, his spouse, in favour of the said John Skene, their eldest lawful son, of the lands, principal and warrandice, of date foresaid, the full copy whereof marked by the subcommittee, as said is, is fully documented, instructed and proven by the said writs, documents and probation, and therefore that decreet and sentence of proving of the tenor of the foresaid whole writs be pronounced in the terms craved, as the said report signed and subscribed by Sir Colin Campbell [of Aberuchill], president of the said committee, bears.
Which report, with the entire writs and documents above-produced, being upon the day and date of this decreet, heard, seen and considered by his majesty's high commissioner and the estates of parliament foresaid, they approved and hereby approve the same and interposed their authority thereto, and found and hereby find the tenor of the above-mentioned writs proven. And therefore gave their decreet thereupon, finding and discerning in manner above-written.