[1581/10/92]¹

Ratification granted to John [Maxwell], earl of Morton

Our sovereign lord, with advice of the three estates of this present parliament, has ratified, approved and, for his highness and his successors, perpetually confirmed, likewise his highness, with advice aforesaid, ratifies, approves and, by the tenor of this present act, perpetually confirms the charter and infeftment made to our sovereign lord's right trusty cousin and councillor John, earl of Morton, lord Maxwell, etc., and to his male heirs and assignees whatsoever, of all and whole the lands, barony, earldom and regality of Morton, with tenants, tenantries, service of free tenants, annexes, connexes, outsets, parts, pendicles and pertinents thereof, with advocation and donation of kirks and chaplainries of the same, of all and sundry lands, baronies and others particularly specified in the said infeftment, of the which the tenor follows:

James, by the grace of God, king of Scots, gives greetings to all good men throughout his land. Let it be known that we, with the advice and consent of the three estates of our realm gathered in parliament, have acknowledged, in full, in this form, to be seen, read, diligently examined, sound, not deleted, not cancelled nor in any respect suspect, to be held and had from us and our successors in fee and heritage, in perpetuity, by our command, by John, earl of Morton, lord Maxwell etc., and any of his male heirs and assignees, of all and each of the lands, baronies, earldom, regality and other things specified below, namely: whole and complete the lands, barony and regality of Morton, with its castles, towers, fortalices, manors, gardens, orchards, woods, mills, fisheries, the outsets, parts, pendicles, annex and connex, tenants, tenancies, services of freeholders, advocation and donation of churches and chaplaincies of the same, lying within our sheriffdom of Dumfries; the lands and barony of Preston, the lands of Borgue, with their castles, towers, fortalices, manors, woods, mills, fisheries, tenants, tenancies, services of freeholders, advocation and donation and their individual pertinents, lying within the stewartry of Kirkcudbright; the lands and barony of Hutton Below the Muir, the lands of Moffatdale, with manors, gardens, orchards, woods, mills, fisheries, the outsets, parts, pendicles, annex, connex, tenants, tenancies, services of freeholders of the same, and every single pertinent, lying within our stewartry of Annandale and the foresaid sheriffdom of Dumfries; the lands and baronies of Newlandis, Linton and Kilbotho with castles, towers, fortalices, manors, gardens, orchards, woods, mills, the outsets, parts, pendicles, annex and connex, tenants, tenancies, services of freeholders of the same and every single of their pertinents, the lands of Eshiels with towers, fortalices, manor, woods, mills, fisheries, tenants, tenancies, services of freeholders of the same and their pertinents, lying within our sheriffdom of Peebles; the lands and barony of Roberton, with manor, fortalice, gardens, orchards, mills, fisheries, tenants, tenancies, services of freeholders and every one of their pertinents, lying within our sheriffdom of Lanark; the lands of Edmonston, with manor, woods, mills, fisheries, tenants, tenancies, services of freeholders and every single one of their pertinents, lying within the barony of Biggar and our foresaid sheriffdom of Lanark; formerly these lands, baronies, earldom and regality and other things mentioned above wholly belonged formerly and in heritage to James [Douglas], late earl of Morton, lord of Dalkeith, and were contained in his infeftment with various other lands and baronies specified in the same, and now belong to us and have come into our hands and are at our disposition by reason of escheat through the process of forfeiture brought to trial against the said late James, formerly earl of Morton for certain crimes of lese-majesty committed by him, of which he was convicted, as is contained at greater length in the process and finding of forfeiture which were brought, together with the union and incorporation of, all and singly, the foresaid lands, baronies, regality and other things mentioned before into one free barony, earldom and regality for all time to come, to be called the earldom and regality of Morton; and that one sasine to be held at the castle of Morton will stand and be a sufficient sasine for, all and singly, the forementioned lands, baronies, castles, towers, fortalices and other things specifically mentioned above, without any specific sasine requiring to be held regarding them; notwithstanding that they do not lie together and contiguously.

James, by the grace of God, king of Scots, gives greetings to all good men, both clergy and laity, throughout his land. Let it be known that we, with the advice of the lords of our privy council, have given, granted in heredity and by this present charter of ours have confirmed to our kinsman John, lord Maxwell and to any of his male heirs and assignees, all and complete, the lands, baronies, earldom, regality, annualrents and other things respectively as mentioned below, namely: whole and complete the lands, earldom and regality of Morton, with castle, tower, fortalice, manor, orchards, gardens, woods, mills, fisheries, the outsets, parts, pendicles, annex, connex, tenants, tenancies, services of freeholders, advocation and donation of churches and chaplaincies of the same and all their pertinents, lying within our sheriffdom of Dumfries; the lands and barony of Preston, the lands of Borgue, with castle, tower, fortalice, manor, woods, mills, fisheries, tenants, tenancies, services of freeholders and all their pertinents, lying within our stewartry of Kirkcudbright; the lands and barony of Hutton Below the Muir, the lands of Moffatdale, with manor, orchards, gardens, woods, mills, fisheries, the outsets, parts, pendicles, annex and connex, tenants, tenancies, services of freeholders of the same and all their pertinents, lying within our stewartry of Annandale and the foresaid sheriffdom of Dumfries; the lands and baronies of Newlands, Linton and Kilbucho, with castles, towers, fortalices, manors, orchards, gardens, woods, mills, fisheries, the outsets, parts, pendicles, annex and connex, tenants, tenancies, services of freeholders, advocation and donation of the churches of Newlands and Kilbucho, and of all other churches and chaplaincies of the said lands and baronies and their pertinents, lying within our sheriffdom of Peebles; part of the lands of Kirkurd and Lochurd, with their pertinents, the lands of Eshiels, the lands of Quilt and the lands of Fethan, with towers, fortalices, woods, mills, fisheries, tenants, tenancies, services of freeholders of the same and all their pertinents, £6 13s 4d sterling of annualrent to be received from, whole and complete, the lands of Horsburgh and their pertinents; £6 13s 4d of the same currency to levy and take as annualrent from the lands of Easter Hopkailzie;² £4 of the foresaid currency of annualrent to be levied on and received from the lands of Newby, with their pertinents, lying within our sheriffdom of Peebles; the lands and barony of Roberton, with manor, fortalice, gardens, orchards, woods, mills, fisheries, tenants, tenancies, services of freeholders of the same and all their pertinents, lying within our sheriffdom of Lanark; and the lands of Edmonston, with manor, woods, mills, fisheries, tenants, tenancies, services of freeholders of the same and their pertinents, lying within the barony of Biggar and our foresaid sheriffdom of Lanark. In their entirety these lands, baronies, earldom, regality, annualrents and other things specified above formerly belonged in heritage to the late James, formerly earl of Morton, lord of Dalkeith etc., and were in his infeftment with various other lands and baronies in the same document unified and incorporated in the barony of Dalkeith. They are to be held in free regality with one sasine to be held at the castle of Dalkeith, which is to be sufficient for, all and singly, the lands and baronies detailed above and other things specified in the infeftment, as is set out more fully in the same document, and now pertaining to us, having come into our hands and at our disposition by reason of escheat through the legal process of forfeiture duly brought against the said late James, formerly earl of Morton, for certain crimes of lese-majesty committed by him of which he was convicted, as is contained at greater length in the process and finding of forfeiture which was brought. As mentioned above, we, for the good and faithful service given to us by our kinsman and for other reasonable causes which influence us, have unified, created, annexed, created and incorporated, just as by the contents of our present charter we do now unify, create, annex and incorporate, all and individually, the foresaid lands, baronies, earldom, regality, annualrents, with castles, towers, fortalices, manors, orchards, gardens, woods, mills, fisheries, the outsets, parts, pendicles, annex and connex, tenants, tenancies, services of freeholders, advocations and donations of churches and chaplaincies of the same and all their pertinents, as one free barony, earldom and regality, called for all time to come the earldom of Morton. We will and grant, and for ourselves and our successors do decree and ordain, that a single sasine is to be held by our said kinsman John, lord Maxwell and his foresaid heirs at the castle of Morton, and it will stand for all future time and shall be a sufficient sasine for, all and singly, the foresaid lands, baronies, annualrents, castles, fortalices, towers and other things specified above, without any other particular sasine for the said lands, baronies and annualrents or any part of them, notwithstanding that the same do not lie together and contiguously, and in regard to them we, with the foresaid advice, by the contents of this present charter of ours, do grant and similarly promise by our royal word, with the consent of the three estates of our realm, to ratify this present infeftment to the said John, lord Maxwell and his foresaid heirs in the next parliament to be held by us, and further we bind ourselves by our royal oath that we will not only ratify and approve the said infeftment but also when we reach the age of 25 we will make a complete new infeftment to the said John, lord Maxwell and his foresaids in heritage, of a donation of the said earldom, lands, baronies, annualrents, regality and other things specified above, with supplement of all flaws as shall be found necessary, for the security of the same for the said lord and his said heirs. They are to hold and have, all and singly, the said lands, earldom, barony and regality of Morton, with castle and tower, fortalice and manor, orchards, gardens, woods, mills, fisheries, the outsets, parts, pendicles, annex and connex, tenants, tenancies, services of freeholders, advocation and donation of churches and chaplaincies of the same and all their pertinents: the lands and barony of Preston, the lands of Borgue, with castles, towers, fortalices, manors, woods, mills, fisheries, tenants, tenancies, services of freeholders of the same and their pertinents; the lands and barony of Hutton Below the Muir; the lands of Moffatdale, with manor, orchards, gardens, woods, mills, fisheries, the outsets, parts, pendicles, annex and connex, tenants, tenancies, services of freeholders and their pertinents; the lands and baronies of Newlands, Linton and Kilbucho, with castles, towers, fortalices, manors, orchards, gardens, mills, fisheries, the outsets, parts, pendicles, services of freeholders, advocation and donation of the churches of Newlands and Kilbucho and of all the other churches and chaplaincies of the said lands and baronies, with their pertinents, [part of the lands of Kirkurd and Lochurd, with their pertinents]; the lands of Eshiels, the lands of Quilt and the lands of Fethan, with towers, fortalices, manors, woods, orchards, gardens, mills, fisheries, tenants, tenancies, services of freeholders of the same and all their pertinents; the levying and receiving of £6 13s 4d sterling of annualrent from whole and complete the lands of Horsburgh, with their pertinents, £6 13s 4d of the foresaid currency of annualrent to be received and levied from the complete lands of Easter Hopkailzie, with their pertinents, £4 of the foresaid currency to be taken and levied annually from the lands of Newby, with their pertinents; the lands and barony of Roberton, with fortalice, manor, orchards, gardens, woods, mills, fisheries, tenants, tenancies, services of freeholders of the same and their pertinents; and the lands of Edmonston, with manor, woods, mills, fisheries and their pertinents, all lying as was said before, in favour of our kinsman John, lord Maxwell and his male heirs and [any of the foresaid] assignees, from us and our successors in fee and heritage in perpetuity by all correct old divisions and divisions, as they lie in longitude and latitude, in terms of houses, buildings, bounds, woods, plains, woods, muirs, marshes, roads, paths, waters, pools, streams, meadows, pastures and grazings, mills, multures and their consequents, fowling, hunting, fishing, peat mosses, turf beds, coal mines, rabbits, warrens, pigeons, dovecotes, workshops, breweries, brewhouses, and whins, groves and thickets, wood, timber, stoneworkings, stone and lime, with courts, pleas, inheritance payments, bloodwit, marriage of women, escheats of courts, with the authority of chancellery and regality, with free forests, vert, venison, and wair, soke and sak, toll and theame, infangthief and outfangthief, pit and gallows, with common pasture, free entry and exit, and with all and every other freedom, produce, profit, easement and every just pertinent, whether specified or not, below the ground or above it, far and near, baronies, earldom, regality, and annualrents and other things specified, with their pertinents, relating or justly worthy of relating in any way in future to the foresaid lands; freely, quietly, fully, wholly, honourably, well and in peace, without any repeal, contradiction, impediment or obstacle whatsoever. In return, our forenamed kinsman John, lord Maxwell and his forementioned male heirs and assignees shall give each year to us and our successors the rights and services due to be paid by, and customary for, the said late John, formerly earl of Morton when he was their proprietor. In testimony of this we have instructed our great seal to be attached to this present charter of ours. Witnesses were our beloved kinsmen and councillors Colin [Campbell], earl of Argyll, lord Campbell and Lorne etc., our chancellor and justice general, Esme [Stewart], earl of Lennox, lord Darnley, Dalkeith and Aubigny etc., great chamberlain of our kingdom, the most reverend and venerable fathers in Christ Patrick [Adamson], archbishop of St Andrews, Robert [Pitcairn], commendator of our monastery of Dunfermline, our secretary, our beloved familiars and councillors Alexander Hay [of Easter Kennet], clerk of our rolls of register and council, Sir Lewis Bellenden of Auchnoull, our justice clerk, Robert Scott, director of our chancellery, and Master Thomas Buchanan of Ibert, warden of our privy seal. At Holyroodhouse on 5 June in the year of the Lord 1581 and in the fourteenth year of our reign. This charter we approve, ratify and, for ourselves and our successors in perpetuity, confirm, in all its points and articles, conditions, measures and circumstances whatsoever, in all and through all, in form and effect equally, as has been set out. As mentioned above, we, with the advice of the foresaid, for the good, loyal and gracious service given to us by our said beloved kinsman and councillor John, earl of Morton, lord Maxwell etc., do afresh give, grant, convey and confirm to him, and his foresaid heirs and assignees, the following: whole and complete the foresaid lands, earldom, baronies, regality and other things detailed above, with complete right, title, interest, legal claim against claimant as well as possessor which we, our predecessors and successors had, have or could in any way have or claim in and towards them or any part of them; the rents, ferms, the kanes, customs, profits, emoluments and dues of these on the ground of non-entry, alienation, recognition, bringing to judgment, forfeiture, purpresture, disclaimer of bastardy, escheat or for any other cause in the past, by renouncing and transferring the same from us and our successors to the foresaid John, earl of Morton and his forementioned heirs and assignees, in perpetuity, with supplement of all necessary errors both mentioned and not, which we wish to be as if expressly mentioned in this charter, with and agreement not to challenge. Besides we, with the consent of the foresaid, have anew unified, created, annexed and incorporated, just as by the content of the present charter we do unify, create, annex and incorporate, all and singly, the foresaid lands, baronies, earldom and regality, with castles, towers, fortalices, manors, gardens, orchards, woods, mills, fisheries, the outsets, parts, pendicles, annex and connex, tenements, tenancies, services of freeholders, advocation and donation of churches and chaplaincies of the same, into one free barony, earldom and regality for all time to come, to be called the earldom of Morton. Also we will and grant and, for ourselves and our successors, decree and ordain that the sasine taken at another time by the said John, earl of Morton and his forementioned heirs and assignees shall be taken for all time to come at the castle of Morton, and shall stand and be sufficient as a sasine for, all and singly, the foresaid lands, baronies, earldom, castles, towers, fortalices and other things detailed above, without any other specific sasine needing to be taken by him or his foresaids regarding the foresaid lands, baronies, earldom, regality or other things detailed above or any part of them, notwithstanding that these do not lie together or contiguously, as regards what thing or things we ordain with the advice of the foregoing by the content of the present charter. In testimony of which we have instructed our great seal to be applied to this present charter of confirmation. Witnesses were our beloved kinsmen and councillors Esme, duke of Lennox, earl of Darnley, lord Tarbolton, Dalkeith and Aubigny etc. great chamberlain of our realm, Colin, earl of Argyll, lord Campbell and Lorne etc., our chancellor and justice general, the most reverend and venerable fathers in Christ Patrick, archbishop of St Andrews, Robert, commendator of our monastery of Dunfermline, our secretary, our beloved familiars and councillors Alexander Hay, clerk of our rolls of register and council, Sir Lewis Bellenden of Auchnoull, our justice clerk, Robert Scott, director of our chancellery, and Master Thomas Buchanan of Ibert, warden of our privy seal. At Holyroodhouse on 9 November in the year of the Lord 1581, and in the fifteenth year of our reign.

And further, our said sovereign lord, being of good will and mind that the honour of his right trusty cousin and councillor by his majesty's benefit shall increase and be augmented, in so far as the earldom, lands, baronies and regality aforesaid contained in the said infeftment are already conveyed to his right trusty cousin and councillor by his said charter and infeftment, as also in consideration that his highness's cousin and councillor aforesaid is grandson and apparent heir to the late James, earl of Morton, his grandfather, and thereby most able to succeed to him, his lands, honours and dignities, his majesty therefore is most willing that he enjoy the same, with all honours, dignity and pre-eminences which his said late grandfather James, earl of Morton and his predecessors of the said earldom, lands and barons possessed the same of before; and therefore our sovereign lord, with advice and consent aforesaid, of new has ratified the erection and creation of the earldom of Morton, with all lands, baronies and others appertaining thereto, likewise his majesty, by the tenor hereof, of new erects and creates the said lands and baronies, with their annexes and pertinents specified in the said infeftment, in a free earldom and regality in all time coming, to be called the earldom and regality of Morton, and has created and constituted, likewise his highness creates and constitutes his said right trusty cousin and councillor and his male heirs earls of Morton, and ordains his right trusty cousin and councillor and his heirs above-mentioned in all times coming to be entitled, called and styled earls of Morton and to have vote in parliament, general councils, conventions and general assemblies as any other earl or lord of parliament had, has or may have within this realm, and namely the same place, rank, order and degree which his said late grandfather James, earl of Morton and his predecessors of the said realm have had in any time heretofore, and that his said right trusty cousin and councillor and his heirs above-rehearsed in all time coming shall have, possess and enjoy all dignities, honours and pre-eminences pertaining to an earl and lord of parliament, and specially in the place and degree which his said late grandfather James, earl of Morton occupied of before. Moreover, our said sovereign lord, with advice of the said three estates, by the tenor of this present act, declares that the said earldom, baronies, lands, regality and others specified and contained in the said charter and infeftment made to his right trusty cousin and councillor and his heirs above-written were duly in his highness's hands by forfeiture of the late James, sometime earl of Morton, that last deceased for diverse crimes of treason and lese-majesty committed by him, of the which he was convicted, as at more length is contained in the process and doom of forfeiture given in thereupon, and that his majesty had power to convey thereupon and conveyed the same to his right trusty cousin and councillor and his aforesaids for most reasonable cause moving his majesty hereto, which disposition and infeftment of the said lands, earldom, baronies, regality with tenants, tenantries, service of free tenants, annexes, connexes, parts, pendicles and all their pertinents, our said sovereign lord, with advice of the said three estates, ratifies, approves and perpetually confirms in all points, clauses, articles and conditions, and likewise wills, grants and, by this act, decrees and ordains that his said right trusty cousin and councillor and his heirs above-written shall use, enjoy and possess the same as his proper part and portion of his said late grandfather James, earl of Morton's heritage and living in all time coming, with all dignities, honours, liberties and pre-eminences aforesaid, in the same manner and with as great force, strength and security in all respects and conditions as his late grandfather aforesaid and his predecessors of the said earldom in any time used or possessed the same, or as his said right trusty cousin and councillor had succeeded heritably or entered by his majesty's brieves thereto, notwithstanding the interrupted possession and forfeiture of the said late James, late earl of Morton, concerning the which and the creation, erection and union of the said lands, baronies, earldom, regality, with their annexes and connexes aforesaid, and every part of new in a free earldom and regality, his highness, with deliberate advice of his three estates aforesaid, dispenses perpetually, notwithstanding whatsoever other law, canon or civil, or objection that may be made or moved in the contrary; and further promises by the word of the king to ratify and approve the premises and every point thereof at his highness's lawful and perfect age, for the full security of the said John, now earl of Morton, lord Maxwell, etc. and his heirs and assignees above-written in all times hereafter, and ordains letters of publication to be directed hereupon, if need be, in the appropriate form.