[1584/5/49]¹

Ratification of certain infeftments granted to Sir John Maitland of Thirlestane, knight

Our sovereign lord and his three estates in parliament, for the good, true and thankful service done to his highness and [Mary], his dearest mother, by Sir John Maitland of Thirlestane, knight, now his majesty's secretary, ratifies and approves and, for his highness and his successors, perpetually confirms the charter and infeftment made by Sir Richard Maitland of Lethington, knight, and baron of the barony of Blythe, to the said Sir John and the male heirs lawfully to be procreated of his body, which failing, to John Maitland, son and apparent heir to John Maitland of Auchengassel and his male heirs lawfully to be procreated of his body, which failing, his nearest and lawful male heirs whatsoever bearing the arms and surname of Maitland, of all and whole the lands and barony of Blythe, with annexes, connexes, parts, pendicles, mills, woods, tenants, tenantries and service of free tenants of the same and all their pertinents, lying within the lordship of Lauderdale and sheriffdom of Berwick, to be held of his highness and his successors by service of ward and relief, as the said charter of alienation and privy vendition of the date at Edinburgh on 15 March 1580 [1581] at more length bears, with the instrument of sasine following thereupon; and likewise the charter of confirmation made by his highness, with advice of the lords of secret council, under his great seal of the date 19 March 1583 [1584], ratifying and approving the said infeftment and charter of vendition and alienation made to the said Sir John in manner aforesaid; and likewise his highness and three estates aforesaid have ratified and approved and, by the tenor hereof, ratify and approve the other charter and infeftment under his great seal to the said Sir John and Mistress Jean Fleming, his spouse, the longer living of the two in conjunct fee, and to the heirs lawfully procreated or to be procreated between them, which failing, to the said Sir John's heirs whatsoever, of all and whole the lands and barony of Thankarton and Biggar, with the parts and pertinents thereof, lying within the sheriffdom of Lanark, and of all and whole an annualrent of £50 of this realm yearly to be uplifted at two usual terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by two equal portions, of all and whole the lands of Abbot's Carse, with their pertinents, lying within the sheriffdom of Stirling, as the said infeftment of the date at the castle of Stirling on 30 October 1583 at more length purports, with the instruments of sasine following thereupon; and also his highness and three estates of parliament ratify and approve and, for his highness and his successors, perpetually confirm the charter of alienation and vendition made by the said Sir Richard Maitland of Lethington, knight, to the said Sir John and his male heirs and of tailzie before specified, of all and whole the lands of Lethington, with the tower, fortalice, manor place, orchards and yards thereof, with the plough of land called the West Field, with tenants, tenantries, service of free tenants and all their pertinents, lying within the sheriffdom of Edinburgh and constabulary of Haddington, to be held of William [Hay], lord Hay of Yester and his heirs in free blench, as the said infeftment and sasine following thereupon in like manner at more length purports, the said William, lord Hay of Yester, his confirmation given thereafter ratifying the said infeftment of vendition and alienation therein contained in all points, clauses and articles of the same; and decree and ordain that this present ratification in form of act of parliament is and shall be in all times hereafter as viable and sufficient in all respects as if all and sundry the said infeftments, charters, confirmations and sasines were at length inserted therein, and that, by virtue thereof, the said Sir John, his heirs, assignees and successors shall peaceably possess and enjoy the lands, baronies and annualrent above-specified in all respects as any others, his highness's subjects, use and possess their lands and heritage within this realm, notwithstanding whatsoever sentences of forfeiture given and pronounced in any time past against the said Sir John and the late William Maitland, his brother, and also notwithstanding the acts made in his highness's parliament held at Stirling in August 1571 and at Edinburgh in November 1579, as also at Edinburgh in November 1581, concerning the disinheriting of the posterity of the persons forfeited in the said parliaments or any other parliaments; and notwithstanding whatsoever other laws, acts and constitutions of this realm whereunto his highness, by advice of the said three estates, has made and by this act makes plain derogation in that behalf.