[1592/4/182]¹

Ratification to James Hamilton of Liberton

²Our sovereign lord and estates of this realm assembled at this present parliament, understanding that his majesty, after his age of 21 years and making of the act of annexation of the temporal lands of all prelacies within this realm to the patrimony of his highness's crown, and dissolution therein concluded with advice and consent of John [Maitland], lord Thirlestane, chancellor of this realm, Thomas [Lyon of Baldukie], master of Glamis, treasurer, the late Sir Lewis Bellenden of Auchnoull, knight, justice clerk, and Master Robert Douglas, provost of Lincluden, collector general to his highness, by his charter and infeftment under the great seal of the date at Holyroodhouse, 1 November 1587, set in feu ferm heritably to the late Sir William Stewart, knight, son lawful to the late Andrew [Stewart], lord Stewart of Ochiltree, his heirs and assignees whatsoever, all and whole the lands and barony of Carstairs underwritten, extending to a forty eight pound land of old extent, with the mill of the same, with parts, pendicles, annexes, connexes, tenants, tenancies, service of free tenants, advocation, donation and right of patronage of benefices of the same, together with the office of bailiary of the foresaid lands and barony and all fees and duties pertaining thereto; likewise his majesty thereafter, upon the said late Sir William's resignation thereof, duly and lawfully made in his hands before his decease in favour of the persons underwritten for great sums of money paid by them for that to the said late Sir William by his charter and infeftment under the great seal, of the date at Holyroodhouse, 29 July 1588, with advice foresaid, infeft and seised James Hamilton of Liberton and Christian Boyd, his spouse, the longest liver of the two in conjunct fee or liferent, during all the days of their lifetimes, and James Hamilton, their eldest son and apparent heir, and his male heirs lawfully to be procreated of his body, which failing to Thomas Hamilton, also their lawful son, and his male heirs lawfully to be procreated of his body, which all failing, to the nearest and lawful male heirs and of tailzie of the said James Hamilton, elder, specified and contained in his new infeftment and charter of tailzie of his lands and lordship of Avondale and assignees whatsoever, of all and whole the foresaid lands and barony of Carstairs, with the mill, office of bailiary and other parts and pertinents of the same above-written, specified in the said infeftment, bearing a new gift and disposition therein of the said lands and barony with the pertinents of the same above-rehearsed, with advocation, donation and right of patronage of the parsonage and vicarage of the parish kirk of Carstairs with the chaplainry called [...] pertaining thereto, and office of bailiary above-specified, and all their pertinents, to be held of his majesty and his successors in feu ferm, for payment of the feu ferm and duty mentioned in the said infeftment. And likewise his highness since, for a large sum of money paid to his highness and his treasurer foresaid, by another infeftment made by his majesty with advice of the said councillors and present officers of the estate, after his age of 25 years complete, passed under the great seal of the date at Holyroodhouse, 10 November 1591, not only ratified the foresaid infeftment of feu ferm, made and granted by his highness with advice foresaid to the said James Hamilton of Liberton and Christian Boyd, his spouse, in liferent, and to the said James Hamilton, their son and apparent heir, his male heirs and of tailzie and assignees above-written in fee heritably, of all and whole the foresaid lands and barony of Carstairs, with the mill of the same, advocation, donation and right of patronage of the benefices thereof, together with the office of bailiary of the said barony, and other parts, pendicles and pertinents of the same above-rehearsed, but also thereby of new gave, granted and conveyed, infeft and seised the said James Hamilton of Liberton and Christian Boyd, his spouse, in liferent, and the said James Hamilton, their son and apparent heir, and his male heirs, of tailzie and assignees foresaid in fee heritably, in all and whole the said lands and barony of Carstairs, with the manor place, mill, mill lands, multures and sucken of the said whole lands and barony, advocation, donation and right of patronage of the parsonage and vicarage of the said parish kirk of Carstairs and vicar lands thereof, with the chaplainry, called [...] pertaining thereto, together with the office of bailiary foresaid and all fees and duties belonging thereto, tenants, tenancies and service of free tenants thereof, and all their pertinents, to be held of his majesty and his successors in feu ferm heritably, for payment of the feu ferm and duty therein contained as the foresaid three infeftments under the great seal and sasines following thereupon at more length purport. And now his majesty and estates foresaid, having due consideration of the premises and of the great sums of money, as well paid by the said James Hamilton of Liberton to the said late Sir William Stewart for the foresaid lands and barony, with the pertinents foresaid, as to his highness and his treasurer in his name, for receiving of the resignation, granting of confirmation and making of new disposition of the same to him and his said spouse in liferent, their son foresaid, his male heirs, of tailzie and assignees in feu ferm and fee heritably, and therewithal, considering that his majesty nor his successors are by granting of the foresaid infeftments not diminished, nor impaired in their patrimony nor profit, but rather are thereby augmented, as also his highness respecting the good, true and thankful service done to his majesty and his most noble progenitors by the said James and his predecessors to the advancement of his majesty's honour, well and decoration of the realm, his highness, therefore, with advice of the said estates of parliament, has ratified and approved and, by the tenor hereof, ratifies, approves and, for his majesty and his successors, perpetually confirms the foresaid infeftments respectively above-written of the dates particularly above-specified, or of whatsoever other date or dates they be of, in all and sundry points, passages, articles, clauses, immunities, privileges, liberties, conditions and circumstances whatsoever contained therein; and decrees and declares that the said infeftments presently are, have been since the first granting thereof and shall be, in all time coming, effectual, valid, good and sufficient in themselves to the said James Hamilton of Liberton and Christian Boyd, his spouse, the longer liver of the two during all the days of their lifetimes, and after their deaths to the said James Hamilton, their son and apparent heir, his male heirs, of tailzie and assignees above-written in fee heritably, for peaceable possessing and enjoying of the foresaid lands and barony of Carstairs, with the manor place, mill, mill lands, multures and sucken of the said whole barony, advocation, donation and right of patronage of the parsonage and vicarage of the foresaid parish kirk of Carstairs, with the chaplainry above-specified pertaining thereto, and vicar lands of the same above-mentioned; together with the office of bailiary of the foresaid barony and all fees and duties thereto appertaining, with tenants, tenancies, service of free tenants thereof, and all their parts, pendicles and pertinents thereof above-rehearsed, and every part of the same, with all liberties and privileges contained in the said infeftments, and each one of them perpetually and in all time coming, according to the tenors thereof in all points, notwithstanding his majesty's revocation made in this present parliament, or to be made in any time hereafter, or any others of his highness's acts, laws, statutes or constitutions, general or special, made of before in the contrary or prejudice thereof; under the which, the said infeftments nor any of them nor anything therein contained shall never be comprehended by any manner of way. And further his majesty, with consent of the said estates, wills and grants and also decrees and ordains, for his majesty and his successors foresaid, that this present general ratification and approbation of the infeftments respectively above-written and sasines following thereupon, shall be of as great efficacy, force, strength and effect in all respects and conditions as if the same were at length and word by word engrossed herein.