Ratification to [Thomas Boyd], lord Boyd of his infeftments

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 charter and infeftment made and granted by his majesty after his age foresaid to his highness's trusty cousin, Thomas, lord Boyd, in liferent for all the days of his lifetime, and to Robert [Boyd], master of Boyd, his eldest son and apparent heir in fee heritably, his male heirs and of tailzie respectively and successively underwritten, of all and sundry the lands, lordship and living of Boyd under-specified, containing the particular lands, lordship and barony and others after-specified, mentioned in the said infeftment under the great seal of the date at Holyroodhouse, 12 January 1591 [1592], 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 effectual, good, valid and sufficient to the said Thomas, lord Boyd, during all the days of his lifetime and after his decease to the said Robert, master of Boyd, his male heirs, of tailzie and assignees specified therein, for the peaceable possessing and enjoying of the foresaid lands, lordship and living, 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, 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 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 that act of parliament be made and extended hereupon in most ample and due form, with command in the same to [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 21 years of age, have given, granted, conveyed and by the wording of this present charter of ours confirmed to our beloved kinsman Thomas, lord Boyd in free tenement or liferent for all the days of his life, and to Robert, master of Boyd, his elder son and heir apparent, in fee and heritage, and to his male heirs and tailzie respectively and successively mentioned below, all and singly, the lands, lordship and baronies respectively mentioned below, with castles, towers, fortalices, manors, gardens, orchards, mills and multures, fishtraps, outsets, parts, pendicles, breweries, woods, annualrents, annex and connex, tenants, tenancies, services of freeholders, advocations, donations and rights of patronage of churches and chaplaincies of the same, with, all and singly, their pertinents, lying in the bailiary of Cunninghame and within the sheriffdom of Ayr, namely, whole and complete, the lands, lordship and barony of Kilmarnock, with castle, tower, fortalice, manor, gardens, orchards, mills and multures, woods, fishtraps, outsets, parts, pendicles, annex and connex, tenants, tenancies and services of freeholders, and advocation, donation and right of patronage of churches and chapels of the same and all and singly their pertinents; whole and complete the lands and barony of Dalry, with their manor, gardens, orchards, mills and multures, woods, fishtraps, parts and pendicles, annex and connex, tenants, tenancies and services of freeholders, advocation, donation and right of patronage of churches and chapels of the same and all their pertinents regarding and pertaining to them; whole and complete the lands and barony of Kilbride, with their manor, gardens, orchards, mills and multures, woods, fishtraps, outsets, parts and pendicles, annex and connex, tenants, tenancies and services of freeholders, advocation, donation and right of patronage and all their pertinents as explained above; whole and complete the lands of Flatt, with mills, fishtraps and other things mentioned above relating and pertaining to them; whole and complete, the lands of Montfode, with their pertinents, whole and complete the lands of Ryvisdaill muir, with manor and other things specified above relating to them, whole and complete, the lands of Noddsdale, with their mill and other things mentioned above relating and pertaining to them, and also, whole and complete, the ten merk land of Portencross and Ardneil, with tower, fortalice and manor, and all and singly their parts, pendicles and their pertinents, and also whole and complete the three pound land of Giffordland, also called Netherton, with manor, gardens, orchards and mills of the same, with obligations and other multures relating to it, whole and complete the six merk land of Bradshaw, with their pertinents, and also whole and complete the two merk land of Knockendon, all at the old extent as has been said lying, with, all and complete, their parts, pertinents, tenants, tenancies and services of freeholders. All and singly the foresaid lands, lordship and baronies respectively mentioned above, with their castles, towers, fortalices, manors, gardens, orchards, mills and multures and fishtraps, outsets, parts, pendicles, woods, annualrents, annex and connex, tenants, tenancies and services of freeholders, advocation, donation and right of patronage of churches, benefices and chaplaincies of the same, with their pertinents, all and singly mentioned above formerly belonged in heritage to the foresaid Thomas Boyd, and were held by him and his predecessors immediately from us and our most noble parents as princes and stewards of Scotland. He, of his own accord, rendered and purely and simply surrendered them at Holyroodhouse through his lawful procurators appointed specially for this in his name and through his letters patent by staff and by baston into our hands as is the custom, as if into the hands of their superior, with all right, title, interest, legal claim, property and possession which he had in relation to them or could have had in any way in the future, and completely renounced them in perpetuity, in return for this new infeftment of ours to be given in this way in the following fashion and not otherwise. Further, for the good, loyal and gracious service offered and given to us and our most noble parents in the past by the foresaid Thomas, lord Boyd and his predecessors, and for certain sums of money as an assessment paid to our treasurer in our name, and for other reasonable causes and considerations which influence us, from our certain knowledge and proper motive, we give afresh, grant and for ourselves and our successors in perpetuity confirm to the said Thomas, lord Boyd in free tenement or liferent for all the days of his life, and to the oftmentioned Robert, master of Boyd, his elder son and heir apparent, in fee and heritage, and to his male heirs and of tailzie mentioned below, whole and complete the forementioned lands, lordship and barony of Kilmarnock, with castle, tower, fortalice, manor, gardens, orchards, mills and multures, woods and fishtraps, outsets, parts, pendicles, annex and connex, tenants, tenancies, services of freeholders, advocation, donation and right of patronage of churches and chaplaincies of the same and all their pertinents relating to them, whole and complete, the lands and barony of Dalry, with their manor, gardens, orchards, mills and multures, woods, fishtraps, outsets, parts and pendicles, annex and connex, tenants, tenancies and services of freeholders, advocation, donation and right of patronage of churches and chapels of the same and all their pertinents regarding and pertaining to them; whole and complete the lands and barony of Kilbride, with their manor, gardens, orchards, mills and multures, woods, fishtraps, outsets, parts and pendicles, annex and connex, tenants, tenancies and services of freeholders, advocation, donation and right of patronage and all their pertinents as explained above; whole and complete the lands of Flatt, with mills, fishtraps and other things mentioned above relating and pertaining to them; whole and complete the lands of Montfode, with their pertinents, whole and complete the lands of Ryvisdaill muir, with manor and other things specified above relating and pertaining to them, whole and complete the lands of Noddsdale, with their mill and other things mentioned above relating and pertaining to them, and also, whole and complete, the ten merk land of Portencross and Ardneil, with tower, fortalice and manor, and all and singly their parts, pendicles and their pertinents, and also whole and complete the three pound land of Giffordland, also called Netherton, with manor, gardens, orchards and mills of the same with obligations and other multures relating to it, whole and complete the six merk land of Bradshaw, with their pertinents, and also whole and complete the two merk land of Knockendon, all at the old extent, lying as above, with, all and singly, their parts and pendicles, tenants, tenancies and services of freeholders, and also all and singly the lands and townships specified below, which are proper parts and pertinents of the lands and baronies mentioned below, namely: whole and complete the five merk land of Assloss, and the five merk land of Meynfurde, which are properly parts and pertinents of the foresaid barony of Kilmarnock, and also whole and complete the six merk land of Lyne, commonly called Croftfoot, and the three merk land of Lyne, commonly called Crofthead, which are properly parts and pertinents of the said barony of Dalry, together with every right, title, interest, legal claim, of claimant as well as possessor, which we, for ourselves or our predecessors or successors as kings or princes of Scotland, had, have or could in any way have or claim to have towards them or any part of them, their taxes, ferms, profits or dues, in any year or at any term in the past, by reason of escheat, forfeiture, non-entry, relief, recognition, purpresture, disclamation of bastardy of the last heir, infeftments, sasines, or returns, reduction, special revocations or general examinations, proof, negation or resignation, any rights or services regarding the foresaid lands, lordship, barony and other things mentioned above, or in any part due or required or regarding which could be exacted, or for any other reason, cause or occasion in the past preceding the date of our present charter, or whatever right and title, by which the forementioned lands, lordship, baronies, and other things rehearsed above or any parts of them, taxes, ferms, profits or dues which pertained, pertain or could pertain to us, our predecessors or successors, for any cause or occasion in the past; we renounce, quitclaim, exonerate, convey and transfer them totally, from us and our successors, to the forementioned Thomas, lord Boyd and Robert, master of Boyd, his foresaid son, and to their male heirs and tailzie mentioned below, together with every action, right, cause, claim and subject of litigation which we, our predecessors or successors had, have or in any way were able to have or claim in and towards the foresaid lands, lordship, baronies, advocations, donations and other things contained above, or any part of them, their taxes, ferms, profits and dues past and future, for any action and cause in the past; similarly we renounce on behalf of ourselves and our successors all actions of non-entry, error and recognition, and any other processes claimed or intended or which could be claimed or intended by us, our predecessors or successors or any of ours, our treasurers or advocates in our names against the foresaid Thomas, lord Boyd, lord Robert, master of Boyd, his son, or any of his male heirs and tailzie mentioned below regarding the foresaid lands, lordship, baronies or anything else mentioned above, also inhibiting and forbidding our advocates present and future and their deputes from undertaking any summons and prosecution regarding them and about their offices in that part, and similarly inhibiting and forbidding the lords of our council and session and all other justices and officials from all process and decision regarding them and their offices similarly in that part; also with an agreement not to challenge, and with supplement of all errors whether named or not which we wish to have in this present charter of ours as if expressed; also we shall never move an action, lawsuit or inquiry relating thereto in future. Furthermore, for the reasons mentioned above, we newly elevate, unite, annex, incorporate and create, all and singly, the forementioned lands, lordship and baronies with their above-mentioned pendicles and other things specified above, with their castles, towers, fortalices, manors, gardens, orchards, mills and multures, woods, fishtraps, outsets, parts and pendicles, annualrents, annex and connex, tenants, tenancies and services of freeholders, advocation, donation and right of patronage of the churches, chaplaincies and benefices of the same and all their pertinents specified above, as one free lordship and free barony for all times to come, to be called the lordship and barony of Kilmarnock. Also we wish and grant and, on behalf of ourselves and our successors, decree and ordain that the castle and manor of Kilmarnock shall be the principal messuage of the said lordship and barony and that a single sasine to be taken at this principal messuage now and for all time to come by the foresaid Thomas, lord Boyd and his foresaid son, heirs and tailzie mentioned below shall stand and be a sufficient sasine for, all and singly, the lands, baronies, castles, towers, fortalices, manors, mills, woods, fishtraps, annualrents, parts, pendicles, annex and connex, tenants, tenancies and services of freeholders, advocations and donations and rights of patronage of churches, benefices and chaplaincies of the same, and all the parts, pendicles and pertinents specified above, and for any part of them, without any specific or particular sasines regarding them to be taken in the future at any other part or place of the same; notwithstanding that they do not lie together and contiguously, in respect of which we, on behalf of ourselves and our foresaids, by the contents of our present charter, now and in perpetuity, do make a grant. Further, because of the special love and favour which we bear and have towards the foresaid Thomas, lord Boyd, and because of the policies and buildings lying in the Kirkton of Kilmarnock, within the said barony of the same and our foresaid sheriffdom, for the easement and housing of the inhabitants and of our lieges frequenting it, by the contents of our present charter, we infeft, elevate and create and make the said township called the Kirkton of Kilmarnock and its lands, with their pertinents, into a free burgh of barony in perpetuity, for all times to come, to be called the burgh or town of Kirkton of Kilmarnock, and we give and grant to the inhabitants and residents of the said burgh, present and future, full part, facility and free part to buy and sell in the burgh wine, wax, cloth, wool and linen, broad and narrow, and other merchandise, and to have and hold in the said burgh bakers, brewers, butchers and fishmongers, and all other craftsmen relating to a free burgh of barony, and also we grant that there may be free burgesses in the foresaid burgh, and that they themselves, with the consent of the said Thomas, lord Boyd, his son and heir apparent the master of Boyd, his male heirs and tailzie mentioned below, may have the authority annually in future to choose bailies and officials for the administration and government of the said burgh, and that the said burgesses and inhabitants may have and hold a market cross and a weekly market on Saturdays, and a free fair each year on 20 October, lasting for a week, with full authority to the foresaid Thomas, lord Boyd and his foresaid son, male heirs and tailzie mentioned below, to lease and rent their lands adjacent to the foresaid town of Kilmarnock in whole or in burgh particates for the making of buildings and houses on them in feu ferm, with all tolls, customs, privileges and liberties relating or capable of relating in any way in the future to a free fair and a free burgh of barony, similarly and as freely as any burgh of barony within this kingdom has been infefted. Whole and complete - the forementioned lands, lordship and barony of Kilmarnock, with castle, tower, fortalice, manor, gardens, orchards, mills and multures, woods, fishtraps, outsets, parts, pendicles, annex and connex, tenants, tenancies and services of freeholders, advocation, donation and right of patronage of churches and chaplaincies of the same, and their pertinents; whole and complete the lands and barony of Dalry, with their manor, gardens, orchards, mills and multures, woods, fishtraps, parts and pendicles, annex and connex, tenants, tenancies and services of freeholders, advocation, donation and right of patronage of churches and chapels of the same and all their pertinents regarding and pertaining to them; whole and complete the lands and barony of Kilbride, with their manor, gardens, orchards, mills and multures, woods, fishtraps, parts and pendicles, annex and connex, tenants, tenancies and services of freeholders, advocation, donation and right of patronage of churches and chaplaincies of the same and all their pertinents as explained above; whole and complete the lands of Flatt, with mills, fishtraps and other things mentioned above relating and pertaining to them; whole and complete the lands of Montfode, with their pertinents, whole and complete the lands of Ryvisdaill muir, with manor and other things specified above, whole and complete the lands of Noddsdale, with their mill and other things mentioned above relating to them, and also, whole and complete, the ten merk land of Portencross and Ardneil, with tower, fortalice and manor, and all and singly their parts, pendicles and their pertinents, whole and complete the three merk land of Giffordland, also called Netherton, with manor, gardens, orchards and mills of the same, with obligations and other multures relating to it, whole and complete the six merk land of Bradshaw, with their pertinents, and similarly whole and complete the two merk land of Knockendon, all at the old extent as has been said lying with, all and singly, their pertinents, tenants, tenancies and services of freeholders and all their pertinents referred to above - are to be held and had; also all and singly the lands and townships specified below, which are proper parts and pertinents of the lands and baronies mentioned above, namely: whole and complete the five merk land of Assloss, and five merk land of Meynfurde, whole and complete the six merk land of Lyne, commonly called Croftfoot, and the three merk land of Lyne, commonly called Crofthead, with all their pertinents - are to be held and had by the foresaid Thomas, lord Boyd, in free tenement or liferent, for all the days of his life, and by the oftmentioned Robert, master of Boyd, his elder son and heir apparent, in fee and heritage, and by his legitimate male heirs to be born, whom failing, by Thomas Boyd, his full brother, his male heirs and his legitimate male heirs to be born, whom failing, by Adam Boyd, also his full brother and his legitimate male heirs to be born, whom failing, by any other male heirs already born to the said Thomas, lord Boyd, at any time preceding his death, and male heirs born of them, whom failing by Robert Boyd of Badenheath, full brother of the said Thomas, lord Boyd and his legitimate male heirs to be born, whom failing by Adam Boyd of Penkill and his legitimate male heirs born or to be born, all of whom failing (may it not happen) by the closer and legitimate male heirs of the said Thomas, lord Boyd bearing the name and arms of Boyd, namely the foresaid burgh or town of Kirkton of Kilmarnock, from us and our successors as princes and stewards of Scotland in free burgh and barony - and the foresaid other lands, lordship and baronies with their pendicles mentioned above, and other lands particularly specified above, with their castles, towers, fortalices, manors, gardens, orchards, mills and multures, fishtraps, outsets, parts, pendicles, woods, annualrents, annex and connex, tenants, tenancies and services of freeholders, advocations, donations and right of patronage of churches, benefices and chaplaincies of the same, and all their pertinents set out above, from us and our said successors as princes and stewards of Scotland as has been said, in fee and heritage in perpetuity, in one free lordship and free barony as has been said, by all their correct ancient measures and divisions, as they lie in longitude and latitude, in houses, buildings, plains and muirs, marshes, roads and paths, waters, pools and streams, meadows, pastures and grazings, mills, multures and their consequents, fowling, hunting and fishtraps, peat mosses, turfbeds, coals, coalworkings, rabbits, warrens, pigeons and dovecotes, workshops, breweries, brewhouses, whins, woods, groves and thickets, wood, timber, stoneworkings, stone and lime, with courts, pleas, inheritance payments, bloodwit and marriage of women, outcomes and amercements, escheats, lordship courts, with furca et fossa, soke and sac, toll and theame, infangthief and outfangthief, pit and gallows, with common pasture, free entry and exit, with free forests in all places where woods are or were, within the forementioned lands, with the privilege of forest courts, outcomes, amercements and escheats of the same, and wrack, vert, wair and venison, with, all and singly, the privileges of a free barony and free forests, and with, all and singly, the freedoms, advantages, profits and easements and any just pertinents whether named or not, under or above ground, far and near, pertaining, relating or justly capable of relating in any way in future to the foresaid lands, lordship and baronies with all their pertinents, freely, quietly, fully, completely, honourably, well and in peace in a similar way and as freely, in all and through all, as the said Thomas, lord Boyd and his predecessors held and possessed them, from us and our successors as princes and stewards of Scotland before the said surrender. In return, each year the foresaid Thomas, lord Boyd, for the duration of his life, and after his death the said Robert, master of Boyd, his son and heir apparent, and his male heirs and of tailzie respectively as named above, shall render to us and to our successors as princes and stewards of Scotland the rights and services due and customary to us and our predecessors before the said surrender, in accordance with the contents of the old infeftment. In witness 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, commendator of Arbroath, William [Douglas], earl of Angus, lord Douglas and Abernethy, etc., George [Keith], earl Marischal, lord Keith, etc. marischal of our realm, our beloved familiars and councillors John [Maitland], lord Thirlestane, etc., our chancellor, Lord Richard Cockburn, younger, of Clerkington, our secretary, Walter [Stewart], prior of Blantyre, keeper of our privy seal, Alexander Hay of Easter Kennet, clerk of our rolls of registry and council, Lord John Cockburn of Ormiston, knight, our justice clerk, and Master William Scott of Grange[muir], director of our chancellery, at Holyroodhouse on 12 January in the year of the Lord 1591 [1592] and in the twenty-fifth year of our reign.

  1. NAS, PA2/14, ff.86v-89r.
  2. Written in margin: 'P'.