[1585/12/64]¹

Ratification of [Francis Stewart], earl of Bothwell's infeftment

²Our sovereign lord, with advice and consent of his three estates of parliament, has ratified, approved and confirmed and, for his highness and his successors, by the tenor hereof, ratifies, approves and confirms the charter and infeftment made and granted by his highness under his great seal to his right trusty cousin Francis, earl of Bothwell and his male heirs lawfully to be procreated of his body, which failing, to return to his highness and his successors, of all and sundry lordships, baronies, lands, offices and others underwritten: they are to say, all and whole the lordship and barony of Hailes, with the castle, tower and fortalice thereof and with all towns, parts, dependants, pendicles, annexes, connexes, outsets, mills, tenants, tenantries, service of free tenants and their pertinents, together with advocation, donation and right of patronage of the kirk of Hauch, called the prebendary of Linton and chaplainry of Markle; the lands of Pitcocks, with the kirk and prebendary of the same and chaplainry of the same called Burnhouse; the lands and baronies of Oldhamstocks, with towns, parts, dependants, connexes, annexes, outsets, mills, tenants, tenantries, service of tenants thereof and their pertinents, together with the kirk of Oldhamstocks, chaplainry of Cockburnspath and hospital of the same; the lands of Eastcraig; the lands of Hoprick; all and whole the lands and barony of Morham, with tower, fortalice, mills, tenants, tenantries, towns, parts, dependants, annexes, connexes, pendicles, outsets and their pertinents, together with the kirk thereof, lying within the sheriffdom of Edinburgh and constabulary of Haddington; all and whole the lands and lordships of Crichton, with castle and manor place thereof, and with all and sundry towns, parts, dependants, pendicles, annexes, connexes, outsets, mills, woods, tenants, tenantries, service of free tenants and their pertinents, together with advocation, donation and right of patronage of the provostry of Crichton, prebendaries and chaplainries of the same whatsoever; the lands of Muirhouse and Caprestoun, with the pertinents thereof, lying within the sheriffdom of Edinburgh principal, and also of the office of sheriffship of Edinburgh principal and Edinburgh within the constabulary of Haddington, with all and sundry rights, duties, liberties, immunities and privileges pertaining to the said office and belonging thereto; all and whole the lands and barony of Whitsome, with the kirk thereof, the lands of Prenderguest, Whiterig, Hobchester, Sherrifbigging, Sherifflands and with all towns, lands, parts, dependants, pendicles, annexes, connexes, outsets, mills, multures, tenants, tenantries, service of free tenants thereof and their pertinents, lying within the sheriffdom of Berwick, and also of the office of sheriffship of the whole sheriffdom of Berwick and bailiary of Lauderdale, with all rights, profits, duties, fees and privileges used and wont or that pertains or may pertain thereto; and all and whole the lands and barony of Town Yetholm, with towns, parts, dependancies, pendicles, annexes, connexes, outsets, mills, tenants, tenantries and service of free tenants of the same and their pertinents; the lands of Fermington, with the hospital thereof, tenants, tenantries, service of free tenants of the same; the lands of Longnewton, with tower, mill, tenants, tenantries, service of free tenants thereof and their pertinents; the lands and barony of Weltoun, with the kirk of the same and all towns, parts, dependancies, pendicles, pertinents, annexes, connexes, outsets, mills, tenants, tenantries and service of free tenants of the same and their pertinents; the lands and barony of Chalmerlanenewtoun, with towns, parts, dependancies, pendicles, annexes, connexes, outsets, mills, tenants, tenantries, service of free tenants thereof and their pertinents, lying within the sheriffdom of Roxburgh; the lands of Teindside, Harwood, Slaidhill, Carlingpule, lying within the said sheriffdom of Roxburgh; the lands of Alemoor, with tower, mill with tenants, tenantries, service of free tenants thereof, with their pertinents, lying within the sheriffdom of Selkirk; all and whole the lands and barony of Dryfesdale and Carruthers, together with advocation, donation of the kirk of Carruthers, tenants, tenantries, service of free tenants thereof and their pertinents, lying within the stewartry of Annandale and within the sheriffdom of Dumfries; all and whole the lands and barony of Kirkmichael, with towns, parts, pendicles, pertinents, dependants, annexes, connexes, outsets, mills, tenants, tenantries, service of free tenants thereof and their pertinents; the lands of Terraughtie, with tower and fortalice thereof, Drumlark, Mabie and Crooks and their pertinents, with woods, tenants, tenantries and service of free tenants thereof, lying within the said sheriffdom of Dumfries; all and whole the lands and barony of Earlstoun, called Glenkens, with towns, annexes, connexes, parts, pendicles, dependants, outsets, mills, tenants, tenantries, service of free tenants thereof and their pertinents, together with advocation and donation of the kirk of Dalry, lying within the stewartry of Kirkcudbright; all and whole the lands and lordship of Bothwell, with the forest, muir and pertinents thereof, and with tenants, tenantries, service of free tenants, advocation, donation and right of patronage of the provostry of Bothwell, prebendaries and chaplainries of the same, and of the kirk of Hawick and prebendaries in the said college, and of the kirk of Barthramshots, lying within the sheriffdom of Lanark; all and whole the lands and baronies of Elsrickle, Walston and Dolphinton, with advocation, donation of kirks and chaplainries of Walston and Dolphinton; all and whole the lands and barony of Dunsyre, with towns, parts, pendicles, dependants, annexes, connexes, outsets, mills, tenants, tenantries and service of free tenants of the said lands and baronies and their pertinents, lying within the said sheriffdom of Lanark, with all and sundry annexes, connexes, dependancies, parts, pendicles, mills, multures, woods, forests, fishings, tenants, tenantries, free service of tenants, castles, towers, fortalices, manor places, orchards, yards, advocation, donation and right of patronages of benefices, kirks and chaplainries of all and sundry lands, lordships and baronies particularly above-written and their pertinents; and also of the office of sheriffship of this realm within all the bounds of the same, with all and sundry liberties, profits, duties, casualties and escheats thereof used and wont and pertaining or that are known to pertain thereto, as in the said charter and infeftment under the great seal granted [by]³ our sovereign lord to the said Francis, earl of Bothwell thereupon of the date of 16 June 1581 at length is contained, in all points, clauses and articles, circumstances and conditions specified therein after the tenor thereof; and wills and expressly declares that the said charter and infeftment or any part thereof be no way subjected to any revocation or revocations to be made by his highness in any time hereafter, but that the same infeftment and charter in all points and clauses thereof shall remain effectual and be sufficient security to the said Francis, earl of Bothwell and his heirs above-written whatsoever, notwithstanding any of the said revocations, and also notwithstanding whatsoever infeftment or infeftments, gifts or rights made and granted by our sovereign lord to whatsoever other person of the said lands, rooms, towns, lordships, barons, kirks, benefices, castles, towers, fortalices, mills, fishings, woods, offices, privileges and others above-specified particularly mentioned in the said infeftment or any part of the same at any time since the forfeiture of the late James, earl of Bothwell, to the which infeftments, rights and gifts and every one of them our sovereign lord, with advice and consent aforesaid, wills, declares, decrees and ordains this act to make express and special derogation; and likewise our sovereign lord, with advice and consent of the said three estates of parliament, has ratified, approved and confirmed and, by this act, ratifies, approves and confirms the letter, gift and assignation made and granted by our sovereign lord, with advice of the late James [Stewart], earl of Moray, lord Abernethy, his highness's regent for the time, to the said Francis, earl of Bothwell, of all and sundry reversions made and granted to whatsoever person or persons, to the late Patrick [Hepburn], earl of Bothwell, the said late James [Hepburn], sometime earl of Bothwell, or any of their predecessors, for redemption of any of the lands, towns, lordships, baronies, woods, mills, fishings and others above-specified or of any part thereof, as in the letter of gift and assignation under the privy seal of the date the [...] day of [...] 15[...] granted to the said Francis, earl of Bothwell thereupon is contained and right of redemption specified therein in all points, after the tenor thereof, so that the same assignation shall be sufficient to the said Francis, earl of Bothwell, for redemption of the said lands, lordships, baronies and others aforesaid, after the form and tenor of the said reversions. Likewise our said sovereign lord, with advice and consent aforesaid, by this act, of new makes, constitutes and ordains the said Francis, earl of Bothwell and his male heirs above-written, his highness's very lawful, undoubted and irrevocable cessioners and assignees in and to the said reversions and every one of them and right of redemption contained therein, with power to the said earl and his aforesaids to redeem the said lands, mills, fishings and others specified in the said reversions and to use and convey thereupon, likewise and as freely in all respects as the said late Patrick, earl of Bothwell, the said late James, earl of Bothwell, or any of their predecessors at any time in their lifetime might have redeemed, used and conveyed the same; and ordains a new letter of assignation, clauses and whole contents containing of the said former assignation to be made to the said Francis, earl of Bothwell and his aforesaids thereupon, ordaining this present act of parliament, subscribed by [Alexander Hay of Easter Kennet], clerk register, to be a sufficient and immediate warrant to the said privy seal and to be extended in the best form, with all clauses needful.