The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 29 March 2024
[1592/4/199]1
Ratification to the said [James Lockhart], laird of Lee, younger
2Our sovereign lord 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 charter and infeftment made and granted by his majesty to his beloved James Lockhart, son and apparent heir to James Lockhart, elder, of Lee, and the heirs and assignees of the said James Lockhart, younger, whatsoever, of all and whole a piece croft extending to three ruids of land or thereby, with the old walls of a ruinous house and a little yard adjacent thereto, within the ruids and burgh of Lanark, lying on the south side of the common street thereof between the tenement, dovecot, yard and croft pertaining to the heirs of the late David Horn on the west, the tenement and yard of John Carmichael of Meadowflat, now occupied by Thomas Weir in Baties Mains and his tenants on the east parts, and also of the fundament, place and state house, buildings and yards adjacent thereto sometime belonging to the Friars minor, called Cordeliers3 of Lanark, with an acre of land pertaining thereto, lying in Wertland Side within the territory of the said burgh of Lanark between the lands of David Blackie on the east and lands of William Lempitlaw on the south parts thereof; and also of all and whole five acres of arable lands or thereby with the house and yard of the same, lying at the south side of the glebe of the kirk of Lanark from the common way as they pass from the burgh of Lanark to the cross, called Rudday Cross, on the east, and lands of Brakisfeild adjacent on the south parts, which John Wright occupied of before, and thereafter pertaining to James Acheson, son and heir of the late John Acheson, burgess of the said burgh, with all their parts, pendicles and pertinents, lying in the parish of Lanark within the sheriffdom of the same, with free ish and entry to cast and extract fuel, peat, turf and others, with common pasture in the common and muir of Lanark, as freely as any burgess of the said burgh may do at length specified in the said infeftment under the great seal of the date at Holyroodhouse, 7 February 1587 [1588], made after his highness's lawful and perfect age of 21 years complete then declared in parliament and general revocation made in the same for the time, in all and sundry points, passages, articles, clauses and 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, good, valid and sufficient to the said James Lockhart, younger, and his foresaids for the peaceable possessing and enjoying of all and sundry the forenamed lands, acres, ruids, tenements, yards, houses, buildings and others above-mentioned with all liberties and privileges contained in the same infeftment, perpetually and 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 or 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 achievement of the age of 21 as decreed in parliament and the general revocation made in that parliament, have given, granted, surrendered in feu ferm in heritage and by this present charter of ours confirmed to our beloved James Lockhart, son and heir apparent of James Lockhart, elder, of Lee, and to any heirs and assignees of the said James Lockhart, younger, whole and complete, one part of a croft extending to three ruids of land or thereabouts, together with the old walls of one ruined house with a small garden adjacent to them, within the ruids and burgh of our burgh of Lanark, lying on the north side of the common road between the tenement, dovecote, garden and croft belonging to the heirs of the late David Horn on the east, the tenement and garden of the late John Carmichael of Meadowflat, now occupied by Thomas Weir in Bateis Mains and his tenants on the east, and also the foundation or base of a house, buildings and gardens next to them and formerly belonging to what were called the Friars minor 'cordeliers' of Lanark, with one acre of land belonging to the same, lying in Wertland Side within the territory of our burgh of Lanark, between the lands of David Blackie on the east and the lands of William Lempitlaw on the south, and also, whole and complete, five acres of arable land or thereabouts with their house and garden lying on the east side of the glebe of the church of Lanark, from the common road which goes from the burgh of Lanark to the cross, called Rudday Cross, on the east, and the lands of Braikisfield adjacent on the south side, which John Wright formerly occupied, and now belong to James Acheson, son and heir of the late John Acheson, burgess of Lanark - with all their parts, pendicles and pertinents, lying in the parish of Lanark within the sheriffdom of the same, with free entry and exit, profiting from, digging out and using turf, sods, peat mosses, and other things, with common pasture on the commons and muirs of Lanark, as freely as any burgesses of the said burgh can; and these three ruids of land, with the house and its old walls and the small garden lying adjacent to them, with their pertinents, as has been said, used to belong formerly in heritage and in feu ferm to Gavin Lockhart, burgess of Lanark and full brother of the said James Lockhart, younger, and held by him of old from the commendator and community of the monastery of Dryburgh at the time; and also the foresaid foundation, houses, buildings and gardens lying next to them, together with the said acre of land lying in Wertland Side, with their pertinents, formerly belonged in feu ferm to the said James Lockhart of Lee, elder, held of old from the said Friars minor 'cordeliers'; also, whole and complete, five acres of arable land or thereabouts with parts, pendicles and their pertinents, bounded as has been said, with the house and garden and their pertinents, with common pasture and other things mentioned above formerly belonged to the said James Acheson, son and heir of the late John Acheson, burgess of our said burgh of Lanark, were held of old from the vicars of Lanark at the time, and by the foresaid persons and lawful procurators of each of them respectively for their parts and by their letters patent were surrendered and granted purely and simply, by staff and baston, into our hands as present superior of the same lands and other things pertaining to us and coming into our hands by the laws of our realm and acts of parliament passed relating thereto, with all right, legal title, claim, interest, property and possession which the said persons or any of them had, have or could claim or pretend to the forementioned lands and other things specified above or any part of them for all time in the future; and this in favour of the said James Lockhart, younger, and his foresaids to the effect stated above. Further we, for the good, loyal and faithful service rendered to us by the said James Lockhart, younger, of Lee, and for a certain payment of money rendered and handed over by him to our collector in our name, have given, granted, and conveyed, and by the contents of the present charter do give, grant and convey to the foresaid James Lockhart, younger, his heirs and assignees in feu ferm and heritage in perpetuity, all and singly, the forenamed houses, gardens and other foresaid things with parts, pendicles and pertinents of the same, to the extent that they have come into our hands by the laws of our realm and acts of parliament, rights and title by virtue of the same, together with all legal title, interest, property and possession, in terms of claim and possession, which our predecessors or successors had, have or in any way could claim or pretend towards them or any part of them, the taxes, ferms, profits and dues of the same by whatever right, title, risk or inconvenience which could be valid or happen in terms of the said lands or any part of them, for any actions, causes or occasions in the past; also, by renunciation and exoneration in their favour on behalf or us and our successors we transfer the same to the foresaid James Lockhart, his heirs and assignees in perpetuity; with an agreement not to challenge, and with supplement of all errors whether named or not; all and singly the above-mentioned lands, acres, ruids, acres, houses, buildings and other things specified above, with their pertinents, are to be held and had by the said James Lockhart, younger, his heirs and assignees, from us and our successors in fee and heritage in perpetuity, by all their correct ancient 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, limits, bounds, peat mosses, turf beds, pigeons, dovecotes, coals, coalworkings, breweries, whins, wood, timber, stoneworkings, stone and lime, with courts and their outcomes and amercements, bloodwit, inheritance payment, and marriage of women, with common pasture, free entry and exit, and with all and singly other freedoms, advantages, profits, easements and any just pertinents whether named or not, under or above ground, relating or justly able to relate to the foresaid lands and other things already mentioned in any way in the future, freely, quietly, fully, completely, honourably, well and in peace, without any impediment, revocation, contradiction or obstacle. In return the said James Lockhart and his foresaid heirs and assignees shall annually render to us and to our successors, collectors and comptrollers at the time, for the said three ruids of land, walls, old house and small garden mentioned above, with their pertinents, the sum of 6s 8d of the usual currency of the kingdom of Scotland, and for the said foundation or base, houses and gardens of the foresaid brothers and the acre of land in Wertland Side relating to it, three bolls of oatmeal, or 14s for each boll at the option of the said James and his foresaid heirs and assignees; also for the said five acres of the foresaid arable lands called Vicarland, house, garden, common pasture and privilege of the same as has been said, the sum of 10s of the foresaid currency only for the foresaid old taxes and dues of the lands and other things respectively which were customarily paid for these at the two terms of the year of Pentecost and Martinmas [11 November] in winter, by equal proportions, and also the foresaid James, his heirs and assignees are to render annually the sum of 3s 4d in augmentation of the annual tax and dues of all the foresaid lands and other things mentioned above, on top of what they ever paid at the foresaid terms, only. In testimony of this we have instructed our great seal to be applied, the witnesses being our beloved kinsmen and councillors John [Hamilton], lord Hamilton, commendator of our monastery of Arbroath, Archibald [Douglas], earl of Angus, lord Douglas, Dalkeith and Abernethy, Sir John Maitland of Thirlestane, our chancellor, the most reverend and venerable fathers Patrick [Adamson], archbishop of St Andrews, Walter [Stewart], commendator of our priory of Blantyre, warden of our privy seal, our beloved familiars and councillors Alexander Hay of Easter Kennet, clerk of our rolls of registry and council, Sir Lewis Bellenden of Auchnoull, our justice clerk, and Master Robert Scott, director of our chancellery; at Holyroodhouse on 7 February in the year of the Lord 1587 [1588] and in the twenty-first year of our reign.
- NAS, PA2/14, ff.82v-84r.
- Written in margin: 'P'.
- 'A Franciscan friar of the strict rule: so called from the knotted cord which they wear round the waist' [OED].