The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 29 March 2024
[1592/4/198]1
Ratification to [James Lockhart], laird of Lee, younger
2Our sovereign lord, now after his age of 25 years, with advice of the estates of this realm, ratifies, approves and, for his majesty and his successors, perpetually confirms the blench charter and infeftment passed upon resignation made and granted by his majesty to the late Agnes Drummond, spouse to James Lockhart of Lee, younger and fiar thereof, in liferent for all the days of her lifetime, of the lands and others underwritten contained therein, and heritably to the said James Lockhart, fiar of Lee, and his male heirs lawfully procreated or to be procreated between him and the said late Agnes, which failing to the nearest and lawful male heirs of the said James whatsoever bearing the surname of Lockhart and accepting the arms of the house of Lee, of all and whole the twenty pound land of old extent of Lee and Cartland, with the towers, fortalices, manor places, yards, orchards, dovecots, meadows, woods, fishings, mills, multures, sucken, parts, pendicles and pertinents thereof lying within the sheriffdom of Lanark; and also of all and whole an annualrent of 16s 8d money of this realm yearly to be uplifted and taken out of the lands of Wester Nemphlar, with the pertinents, lying within the sheriffdom foresaid; and of an annualrent of 16s 8d yearly to be uplifted out of the lands of Easter Nemphlar, lying as said is, at length specified in the said blench infeftment under the great seal, which contains special erection of the lands and others foresaid in a whole and free barony, of the date at Holyroodhouse, 25 May 1588, in all and sundry points, passages, articles, clauses, immunities, privileges, liberties and circumstances whatsoever therein contained; and decrees and declares for his majesty and his successors foresaid that the same infeftment is, and shall be in all time coming, as effectual, valid and sufficient to the said James Lockhart, younger, of Lee, and his heirs foresaid specified therein for the peaceable possessing and enjoying of the foresaid lands and barony of Lee and others particularly above-specified, with all liberties and privileges contained in the same infeftment, perpetually in all time coming according to the tenor and substance thereof in all points, as if the same had been given and granted by his majesty after his age of 25 years foresaid; notwithstanding his majesty's revocation made in this present parliament, or any others of his highness's acts, laws, statutes, constitutions, general or special, made of before to the prejudice or derogation thereof, or any of the liberties or privileges expressed in the same, under the which the said infeftment, nor any part thereof, shall never be comprehended by any manner of way; and ordains [Alexander Hay of Easter Kennet], clerk register, to insert the said infeftment and charter at length therein for perpetual memory in due form as appropriate, of the which infeftment the tenor follows:
James, by the grace of God, king of Scots, gives greetings to all good men throughout his land, both clergy and laity. Let it be known that we, after our lawful coming of age as proclaimed in parliament and the general revocation and dissolution contained in it, have given, as by the contents of this present charter of ours we give to our beloved Agnes Drummond, wife of James Lockhart, feudal tenant of Lee, in liferent for all the days of the said Agnes, whole and complete, the eight pound land of new extent of Fullwood, with manor place, tower, fortalice, gardens, orchards, parts, pendicles and their pertinents, twenty shillings worth of lands of new extent of Birkenhead, with their pertinents, the twenty pound land of Lee of old extent, lying within the parish and our sheriffdom of Lanark, and this in full payment and satisfaction of the said Agnes of her third of the foresaid complete lands of Lee, with their pertinents, and of all other lands, annualrents and other things which she after the death of the said James Lockhart, her husband, could in any way claim or challenge (excluding and excepting the lands of Lockhart Mill, the mill of the same, multures and their consequents, regarding the foresaid twenty pound land of Lee, also the lands called Over Mains of Lee, a third pound land of new extent of Cartland Croft and Lomeistland, whole and complete the lands of Little and Meikle Barrochis, with their pertinents, which are parts and pendicles of the said twenty pound land of Lee; in these parts and pendicles the foresaid Agnes is properly infefted in liferent, in accordance with her infeftment, right and title of the same; to be held of us). Also we give in heritage to the foresaid James Lockhart, feudal tenant of Lee, and the male heirs legitimately born or to be born to him and to the said Agnes, whom failing to any closer legitimate male heirs of the said James with the name of Lockhart and bearing the arms of the house of Lee, whole and complete the twenty pound land of old extent of the foresaid Lee and Canterland, with towers, fortalices, manor places, gardens, orchards, dovecotes, meadows, woods, fisheries, mills, multures, consequents, parts, pendicles and their pertinents, and also, whole and complete, one annualrent of 16s 8d of the currency of our realm to be levied annually on, whole and complete, the lands of Wester Nemphlar, with their pertinents, lying within our foresaid sheriffdom, and one annualrent of 16s 8d to be levied annually from, whole and complete, the lands of Easter Nemphlar, lying as said is; all and singly, these foresaid twenty pound land of the old extent of Lee and Cartland, with towers, fortalices, annualrents and other things respectively and particularly mentioned above, with mills, multures, fishtraps, parts, pendicles and pertinents of the same, formerly belonged in heritage to the foresaid James Lockhart, younger, and feudal tenant of Lee, and by him were personally surrendered purely and simply by staff and baston into our hands at Holyroodhouse, as if into the hands of his immediate superior in that regard, with all right, title, property and possession which the said James or his predecessors had, have or could have or claim in regard to these lands and other things mentioned above or any part of them to the effect mentioned above. Further, for the good and gracious service given to us by the said James Lockhart, younger, of Lee, and for a certain sum of money and assessment to us and to our treasury in our name rendered by James himself, for the following reason and for other sound causes and considerations which influence us, we are afresh giving, granting and conveying on behalf of ourselves and of our successors, to the foresaid James Lockhart and his foresaid male heirs, whole and complete the foresaid twenty pound land of the old extent of Lee and Cartland, with towers, fortalices, manor place, gardens, orchards, dovecotes, woods, fishtraps, meadows, mills, mill lands and multures and their consequents, houses, buildings, muirs, coals and coalworkings, parts, pendicles and any pertinents of the same, together with all right and title of right, property and possession, whether of claimant or of possessor, which we and our predecessors had, have or could in any way have or claim, in and to the forenamed lands and other things detailed above, pendicles and pertinents of the same or any part of them, assessments, ferms, profits and any dues in the past on account of non-entry, forfeiture, recognition, escheat, bastardy, reduction of returns and infeftments, purpresture [or] disclamation, or in respect of any risks, losses and inconveniences which could befall or happen to the foresaid lands and other things mentioned above, or to any part of them, for any cause or circumstance in the past, present or future. Thus we renounce these on behalf of ourselves and our successors, and transfer them to the said James Lockhart and his male heirs in perpetuity, with an agreement not to challenge, and with supplement of all errors whether specified or not. Besides, for the said reasons and others we unify, annex, create and incorporate, whole and complete, the forementioned twenty pound land of old extent of Lee and Cartland, with towers, fortalices, manor places, dovecotes, woods, fishtraps, mills, multures, pendicles and any pertinents, together with the foresaid annualrents respectively into one complete and free barony for all time to come, to be called the barony of Lee. We wish and grant that the tower and fortalice of Lee will be the principal messuage, the manor-house, of the said barony in times to come, and that a single sasine, by virtue of the present infeftment by the said James Lockhart and his male heirs and to be taken at the principal messuage and tower of Lee will stand, last and will be a sufficient sasine for, all and singly, the forementioned lands, annualrents and other things mentioned above, notwithstanding that they do not lie contiguously. Whole and complete, the foresaid eight merk land of new extent of Fullwood, with manor place, tower, fortalice, gardens and orchards, parts, pendicles and their pertinents, the foresaid twenty shillings worth of lands of new extent of Birkenhead, with the pertinents, are to be held and had in full contentment and satisfaction in the manner mentioned above, by the foresaid Agnes Drummond, wife of James Lockhart, younger, of Lee in liferent, for all the days of her life, and also, whole and complete, the foresaid twenty pound land of old extent of Lee and Cartland, with towers, fortalices, manors, places, gardens, orchards, meadows, mills, multures, woods, fishtraps, dovecotes, parts, pendicles and any foresaid pertinents, with annualrents respectively as mentioned above, now united, annexed, created and incorporated into one complete and free barony to be called the barony of Lee for all time to come, in favour of the forementioned James Lockhart of Lee, younger, and his foresaid male heirs in the manner mentioned, from us and our successors in free heritage and barony in perpetuity, by, all and singly, its correct measures and divisions as they lie in longitude and latitude, in houses, buildings, woods, plains, muirs and marshes, roads and paths, waters, pools and streams, grazings, pastures and rough pasture, mills and multures, and their consequents, fowling, hunting, fishtraps, peat mosses, turf beds, coals and coalworkings, rabbits and warrens, pigeons, dovecotes, workshops, breweries, brewhouses, whins, woods and groves, thickets, wood, timber, stone workings, stone and lime, with courts, complaints, inheritance payments, bloodwit, marriage of women, outcomes, amercements and escheats of the said courts, with soke and sak, toll and theame, wrack, wair and waith, infangthief, outfangthief, pit and gallows, with common pasture, free entry and exit, and with, all and singly, the liberties, advantages, profits, easements and any just pertinents, whether mentioned or not, under and above ground, far and near, relating or capable of justly relating to the said lands, freely, quietly, fully, completely, honourably, well and in peace, without any revocation, contradiction, obstacle or impediment at all. In return, each year the foresaid Agnes and James and their foresaid male heirs are to render to us and to our successors a pair of gilt spurs or 6s 8d of the currency of our realm for the price of them, at the principal messuage of the foresaid lands and barony at the feast of Pentecost as blench ferm, only if sought,. In testimony of this we have instructed our great seal to be applied to this present charter of ours. Witnesses were our beloved kinsmen and councillors John [Hamilton], lord Hamilton and commendator of our monastery of Arbroath, etc., Archibald [Douglas], earl of Angus, lord Douglas, Dalkeith and Abernethy, etc., Lord John Maitland of Thirlestane, our chancellor and secretary, the most reverend and venerable fathers in Christ Patrick [Adamson], archbishop of St Andrews, Walter [Stewart], commendator of our priory of Blantyre and warden of our privy seal, 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, and Master Robert Scott, director of our chancellery. At Holyroodhouse on 25 May in the year of the Lord 1588 and in the twenty-first year of our reign.
- NAS, PA2/14, ff.81r-82r.
- Written in margin: 'P'.