[1695/5/292]¹

Ratification in favour of Sir William Stewart of Castlemilk

Our sovereign lord, with advice and consent of the estates of parliament, does hereby ratify, approve and perpetually confirm the charter granted by his majesty and his royal consort the deceased Queen Mary, of blessed memory, as king and queen, princes and stewards of Scotland, under the great seal of his said ancient kingdom, of the date at Kensington, 24 April 1694, to and in favour of Sir William Stewart of Castlemilk, knight and baronet,² and to the male heirs lawfully to be procreated of his body, which failing to Archibald Stewart, second lawful son to the said deceased Sir Archibald Stewart of Castlemilk, his father, and the male heirs lawfully to be procreated of his body, which failing to Daniel Stewart, third lawful son to the said deceased Sir Archibald, and to the male heirs lawfully to be procreated of his body, which all failing to the said Sir William Stewart, now of Castlemilk, his nearest and lawful heirs and assignees whomsoever, the eldest lawful daughter or female heir always succeeding without division, marrying a gentleman of the surname of Stewart or at least a gentleman who shall take and bear the surname of Stewart and arms of the family of Castlemilk, heritably in all time coming, of all and whole the lands and others underwritten, with the pertinents, to wit: all and entire the twenty merk land of old extent of Castlemilk, alias Castleton over and nether, comprehending the lands of Windlaw, Gallowhill, Muirside, Bowhouse, the mill of Castlemilk, mill-lands, multures, sequels and pertinents, with the manor place of Castlemilk, alias Castleton, with houses, enclosures, yards, orchards, tenants, tenantries and service of free tenants, parts, pendicles and pertinents of the same whatsoever, lying within the barony of Carmunnock and sheriffdom of Lanark. As also, the forty merk land of old extent of Finart Stuart, comprehending the lands and others undermentioned, to wit the lands of Ravenscraig, the lands of Branchton, the lands of Penny Fern, the lands of Boddenstoun and Smithston, the lands of Auchnaugh, the lands of Auchinmady, the lands of Berfinnock, the lands of Auchenairney, the lands of over and nether Gourock, the lands of easter and wester Divortie, the lands of Killoch and Killochhead, with the mill foresaid, and mill lands of Ellens, with mill-lands, multures and sequels of the same, with the whole houses, biggings, yards, orchards, tenants, tenantries and service of free tenants, parts, pendicles and whole pertinents of the same, lying within the barony and sheriffdom of Renfrew. As also, of all and whole the five shilling land in Overton of Carmunnock, and the twenty shilling land of the Netherton, with that piece of land called the fleshers acres sometime possessed by John Aikenhead,³ the two merk land in Overton sometime possessed by John Warnock, the six shilling and eight penny land sometime possessed by Margaret Thomson, the five shilling land sometime possessed by Andrew Blackwood, the six shilling and eight penny land sometime possessed by Gavin Bryce, the twenty-five shilling land in Netherton sometime possessed by Andrew Arbuckle, the twenty-one shilling, eight penny land sometime possessed by Andrew Thomson, with free ish and entry to the foresaid lands, used and wont, with the loanings and commonties belonging thereto, as the same are met and limited by John Thomson and John Corsbie with the feu ferm and superiority of Spittal and Spittalmuir possessed by John Lapraik. As also, of all and whole the community called Carmunnockmuir, mosses, privileges, pendicles and pertinents of the same whatsoever. Also, of all and entire the just and equal half of the mill of Carmunnock undivided, with the mill-lands, multures and sequels, sucken and pertinents, together with the equal half of the coals and coalheughs undivided within the whole bounds of the said lands and barony of Carmunnock, with the equal half of the whole benefices, profits and commodities of the same, and that as the equal half of the said lands and barony of Carmunnock, which barony extends to a twenty merk land or thereby, sometime pertained to the said Sir Archibald, conforming to a contract of division made and passed between the said Sir Archibald Stewart and Gabriel Hamilton of Westburn, of the date 20 February 1671, and accepted by the said Sir Archibald as his half of the foresaid lands and barony and which lands and barony were made over by William [Douglas] and Anne [Hamilton], duke and duchess of Hamilton to the said deceased Sir Archibald and Gabriel equally between them, conforming to their disposition of the date 17 March 1664, and which lands lie within the lordship of Hamilton and sheriffdom of Lanark; reserving always to Lady Mary Carmichael, widow of the said deceased Sir Archibald, her liferent of all and sundry those parts and portions of the said twenty merk land of Castlemilk, alias Castleton, all the days of her lifetime, to which she is provided by her contract of marriage, and the charter and sasine following thereupon. Likewise, his majesty, with advice and consent of his highness's treasury, by the foresaid charter, of new gives, grants and conveys to the said Sir William Stewart and his heirs above-written, all and whole the lands, baronies and others above-specified, with ample clauses of novodamus, and further has of new united, erected and incorporated all and whole the foresaid twenty merk land of old extent of Castlemilk, alias Castleton over and nether, comprehending as said is the mill of Castleton and others therein-expressed, and all and whole the commonty called Carmunnock, muir, mosses, privileges and others therein-expressed, all and whole the just and equal half undivided of the mill of Carmunnock, mill-lands and others therein also mentioned, together also with the equal half of the coal and coalheughs undivided within the whole bounds of the said lands and barony of Carmunnock, with the equal half of the whole benefit, profit and commodity of the same, and that as the equal half of the said lands and barony of Carmunnock, which barony extends to a twenty merk land or thereby, according to the contract of division mentioned and contained in the said charter, all lying, in manner foresaid, in a whole and free barony called the barony of Castlemilk now and in all time coming. In which charter his majesty declares the manor place of Castlemilk to be the principal messuage of the said barony, and that a sasine to be taken at the said manor place of Castlemilk or upon the ground of any part of the said barony shall be sufficient for the whole barony. As also, his majesty does thereby unite and erect the said forty merk land of Finart Stuart, comprehending the lands and others above-written, in another free barony called the barony of Gourock and creates and erects the town of Gourock in a free burgh of barony to be called in all time coming the burgh of barony of Gourock, with all privileges belonging thereto, and to hold a weekly market thereat upon Tuesday and to hold two free fairs yearly within the said burgh, one to be held upon 12 June yearly and to continue for three days, and the other to be held upon 10 November yearly, with the customs and other profits and emoluments belonging thereto. And also, with the power and privilege of a free sea port or harbour at the said burgh of barony of Gourock, and all the liberties and privileges belonging to the harbour of any burgh of barony within the kingdom or known anyway to pertain thereto. To be held, all and whole the said two baronies of Castlemilk and Gourock with the burgh of barony, harbour and pertinents thereof above-written, in taxed ward fee and heritage forever, giving to his majesty and his successors the tax duties of ward, relief and marriage underwritten: namely, the sum of £120 Scots money yearly, so often as the said lands and barony of Castlemilk shall fall into his majesty's hands by reason of ward or non-entry, or either of them, and the same sum of £120 for relief of the said lands and £240 for the taxed marriage of the heir of the said Sir William Stewart succeeding thereto, so often as the same shall occur; and also the sum of another £120 yearly during the ward or non-entry of the said lands of Finart Stuart and barony of Gourock, and the like sum of £120 for relief of the said lands and the sum of £240 for the taxed marriage of the heir or heirs succeeding thereto, and also giving for the other lands mentioned in the said charter the feu and blench duties respectively therein-specified, to the which sums above-specified the ward, non-entry, relief and marriage of the lands and others foresaid are taxed and restricted by the foresaid charter, and the said lands which were formerly held in simple ward are now declared to be held in taxed ward in all time coming. And also in the said charter it is declared that it shall be rightful and lawful to the said Sir William Stewart his heirs to enter themselves as heirs to him in the lands, baronies and others underwritten, notwithstanding of their being minors in manner fully contained in the said charter, as the same in itself fully purports, together with the precept of sasine contained in the end of the said charter and the instrument of sasine following or competent to follow thereupon, in all and sundry the heads, articles, points, clauses and conditions whatsoever mentioned in the said charter, and after the form and tenor thereof in all points. And his majesty, with consent of the said estates of parliament, statutes and ordains that this present ratification and confirmation is and shall be as valid, effectual and sufficient, to all intents and purposes, as if the said charter, precept of sasine therein-contained and instrument following thereupon were word by word here inserted, dispensing by this ratification with the not inserting thereof herein. Likewise, his majesty, with consent foresaid, wills, grants and ordains that the said lands, baronies, mills, burgh of barony and others foresaid, shall be held by the said Sir William Stewart or his foresaids of his majesty and his highness's successors as king, prince and steward of Scotland respectively, in taxed ward and relief in all time coming, and further statutes and ordains that the foresaid charter with the precept of sasine therein-contained, and instrument of sasine following or competent to follow thereupon and remaining rights and securities made to the said Sir William and his foresaids, are and shall be sufficient and valid rights and securities for bruiking and enjoying the said whole lands, baronies and others above-written, in all time coming, to be held in manner foresaid, any acts, statutes or customs made or to be made in the contrary notwithstanding.