[1695/5/295]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with the consent of the estates of parliament, does hereby ratify, approve and perpetually confirm the signature passed under his majesty's hand of the date at Kensington, 28 February last bypast, in this instant year of God 1695, to and in favour of William Cunningham, brother german to Robert Cunningham of Gilbertfield, his heirs and assignees whomsoever, of all and entire the five merk land of Kilbride, commonly called the mains of Kilbride, and that part thereof called Limekilns, with the castle, court, fortalice, manor place, houses, biggings, yards, orchards, annexes, connexes, parts, pendicles and whole pertinents thereof whatsoever. And also, all and whole the two merk land of Highflat, with all and sundry houses, biggings, yards, pendicles and whole pertinents thereof. As also, all and whole that one merk land of Wester Rogerton, sometime possessed by George Crocket, and thereafter by John Gardner and John Hamilton his son-in-law. And also, all and whole the half merk land of Broustertland, with biggings and pertinents and as also, all and whole the five merk land of Thornton, sometime possessed by Robert Hamilton of Cathcain and his tenants, and thereafter by Gavin Hamilton and his tenants, otherwise called Warnock Thornton, with houses, biggings, yards, tofts, crofts, muirs, meadows, tenants, tenantries and service of free tenants, parts, pendicles and whole pertinents thereof whatsoever, with diverse other lands of old united in a barony called the barony of Kilbride, lying within the parish of Kilbride and sheriffdom of Lanark, and which signature contains therein an ample clause of novodamus. These to be held by the said William Cunningham, of his majesty and his highness's successors as princes and stewards of Scotland in fee and heritage, for payment and performance of the rights and services used and wont. Moreover, his majesty, for himself and as prince and steward of Scotland, wills and grants, and for him and his successors discerns and ordains, that at what time soever it shall happen the foresaid lands, barony and others to fall and become in the hands of his majesty and his highness's successors by reason of ward or non-entry, or either of them, that then and so often as the same shall so happen, it shall be rightful to the heirs or assignees of the said William Cunningham to bruik and enjoy the lands and others foresaid, and to intromit with the mails and duties thereof, without any obstacle or impediment whatsoever, paying thereof yearly to his majesty as prince and steward of Scotland, during the ward and non-entry of the said lands or either of them, the sum of 250 merks Scots money, at two terms in the year Whitsunday [15 May] and Martinmas [11 November] by equal portions; as also paying the like sum of 250 merks for the relief of the said lands and others foresaid, with their pertinents, when the same shall happen, with the sum of 500 merks money foresaid for the marriage of the heir or heirs of the said William Cunningham and his foresaids succeeding to the said lands and others above-specified, as often as the same shall fall only and no further, for all other exaction, burden or secular service that can be in any way sought or required furth of the said lands and others foresaid, to the which sums now taxed and modified by his majesty for the value, profit and duty of the said ward, relief and marriage, his majesty, of his own proper motive, with consent foresaid, does tax and restrict the foresaid former holding of the said lands by simple ward, relief and marriage to be held in taxed ward for payment of the taxed ward duties above-specified in all time coming. Likewise, his majesty does thereby give, grant and convey the foresaid casualty of ward, relief and marriage, how often the same shall occur, in favour of the said William Cunningham and his foresaids, for payment of the tax duties respectively above-written. And further, his majesty does thereby will and grant and, for him and his successors, discerns and ordains, that it shall be lawful to the heirs, assignees and successors of the said William Cunningham to purchase brieves furth of our sovereign lord's chancellery for serving them nearest and lawful heirs to their predecessors who died last, vest and seised in the lands and others foresaid, and obtain the said brieves duly and lawfully proclaimed, served and retoured, and the said heirs, duly infeft thereupon in the lands and others foresaid, whenever they shall think expedient, as well in minority as if they were twenty-one years complete, with the which, his majesty dispenses. And lastly, his majesty, by the foresaid signature, does promise to ratify the same with the charter to follow thereupon in the next session of parliament, together with the charter to be expedited upon the foresaid signature, with the instrument of sasine to follow thereupon, in the whole heads, articles and clauses of the foresaid signature and charter and sasine to follow thereupon. And our sovereign lord, with the advice and consent of the said estates of parliament, wills and grants and, for him and his majesty's successors, discerns and ordains that this present ratification is and shall be of as great force, strength and effect, to all intents and purposes, as if the foresaid signature were word by word here inserted, albeit the same be not so done, with the which, they have dispensed and hereby dispenses forever. And lastly, his majesty, with consent of the said estates of parliament, wills and declares that the foresaid signature, with the charter and sasine following thereupon, are and shall be good and valid rights to the said William Cunningham and his foresaids for bruiking, possessing and enjoying the lands, barony and others above-specified, he paying the tax duties of ward, relief and marriage when the same shall happen to fall out, any law, act or custom in the contrary notwithstanding.