[1584/5/103]¹

Ratification of the lands of Bonkle and Preston to Sir John Maitland of Thirlestane, knight, secretary

Our sovereign lord, considering that his majesty has given and conveyed by his highness's infeftment of feu ferm under the great seal to his trusty councillor Sir John Maitland of Thirlestane, knight, his highness's secretary, heritably all and whole the lands and barony of Bonkle and Preston, with parts, pendicles, annexes, connexes, outsets, woods, mills, fishing, tenants, tenantries, service of free tenants thereof and all their pertinents, lying within the sheriffdom of Berwick, as being come in our said sovereign lord's hands by the forfeiture of Archibald [Douglas], sometime earl of Angus, as the infeftment made thereupon at length purports; and likewise has given and conveyed to the said Sir John the escheat of the tacks of the teinds of the said lands and barony set to the late James [Douglas], sometime earl of Morton and assignation made by him thereof to the said Archibald, sometime earl of Angus, and of all other tacks and rights which the said sometime Earl of Angus had thereof, as the gift of escheat under the privy seal made thereupon likewise at more length purports; and now his majesty, willing that the said heritable infeftment of the lands and escheat of the said teinds shall be and remain effectual, sufficient and viable to the said Sir John and his heirs in all time coming, has, therefore, with advice of the three estates of this present parliament, ratified, approved and confirmed and, by the tenor hereof, ratifies, approves and confirms the said infeftment, with sasine followed or to follow thereupon, to the said Sir John of the said lands and barony, with parts, pendicles and others aforesaid, and likewise the said gift of escheat of the teinds thereof given and conveyed to him in all and sundry points, passes, clauses and conditions specified and contained therein; and ordains and declares this present confirmation to be as sufficient, viable and effectual to the said Sir John, his heirs and assignees as if the said infeftment and gift of escheat were inserted, word by word, in this present act. And if need be, our said sovereign lord, with advice aforesaid, wills and declares that new infeftment shall be made to the said Sir John heritably of the said lands and barony when the same is, or may be, in his hands by the forfeiture of the said sometime Earl of Angus and, now as then and then as now, wills and declares that this present confirmation shall be extended to the said infeftment to be made and be as sufficient confirmation thereof as if the said infeftment was presently made and passed without any other confirmation to pass hereafter. And further, our said sovereign lord, with advice aforesaid, has revoked, abrogated, annulled and discharged and, by the tenor hereof, abrogates, annuls and discharges all pretended infeftments, gifts of escheat, tacks, factories, rentals, rights or other titles whatsoever, if any be made or hereafter shall happen to be made by his majesty to any other person or persons of the said lands and barony, with parts, pendicles, annexes, connexes, outsets, woods, mills, fishings, tenants, tenantries, service of free tenants thereof and their pertinents, or of any part thereof, property or tenantry, or of the said teinds or any part thereof, and wills and declares the same shall be as ineffectual and have no effect, force nor strength in judgement or outwith in any time coming, so that the said Sir John and his heirs may possess, enjoy and convey the same as their heritage at their pleasure perpetually in all time coming, according to his said infeftment, without any objection, revocation, stop or impediment to be made therein in any way in time coming, renouncing and discharging the same of his highness and his successors for now and ever by this act; providing that this present ratification shall in no way be prejudicial to the letter of tack made by the late Sir William Murray of Tullibardine, knight, comptroller for the time, to Patrick Hume, younger, of Polwarth, of the twenty-six husband lands of the mains of Bonkle during the space of five years after the date thereof, but that he and his heirs contained therein may possess and enjoy the said lands until the expiring of the said space for the payment of the duty mentioned in the said tack, notwithstanding the said ratification or anything contained therein.