[1593/4/71]¹

²Act in favour of [Master George Lauder], laird of the Bass

Forasmuch as our sovereign lord, with express advice and consent of his highness's trusty and well-beloved councillor, John [Maitland], lord Thirlestane, his highness's chancellor, Sir Thomas Lyon of Auldbar, knight, treasurer, the late Sir Ludovic Bellenden of Auchnoull, knight, justice clerk for the time, and Master Robert Douglas, provost of Lincluden, collector general and treasurer of his majesty's new augmentations, has made and granted under his majesty's great seal a charter and infeftment containing a new disposition for diverse and sundry good causes contained therein to his highness's trusty and well-beloved councillor Master George Lauder of the Bass, his male heirs bearing the arms and surname of Lauder and assignees whatsoever heritably of all and sundry the lands of the lordship of Tyninghame underwritten, namely: the mains of Tyninghame, twenty husband lands, twenty cottage lands, five brewlands, the mill of Tyninghame, wardlands, Gillieischot, the south land with the fishing in the water of Tyne, as well as fresh as salt within the sea flood, the lochs and rabbit warrens of the said lands of Tyninghame, all and whole an annualrent of 10 merks money of this realm, to be uplifted at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter by equal portions out of all and whole the half of the town of Oldham lying in the said lordship of Tyninghame, all and whole the principal mansion, tower and fortalice, barns, yards and dovecot of Tyninghame, the lands of Briggis easter and wester, Greenspott, baxter lands, alias dovecot acre lying in the town of Tyninghame, of all and whole the lands of Lochhouse extending to two husband lands and six acres of land with all and whole the lands called Harkarislandis, Spenslandis and Gilleislandis, with tenants, tenancies and service of free tenants of the foresaid whole lands, parts, pendicles and pertinents thereof lying as said is and also the office of bailiary of all and whole the foresaid lordship of Tyninghame, as well as of the property as tenantry thereof; of all and whole the isle of Bass with the pertinents, all lying within the lordship of Tyninghame, regality of St Andrews, constabulary of Haddington and sheriffdom of Edinburgh; of all and whole the lands of Newgrange, Penscheillis, Priestlaw, Kingisyde, Frieris Dykes and Winter Scheillis, with tenants, tenancies and service of free tenants, parts, pendicles and pertinents thereof, together with the common pasture in the east and west muirs of Lammermuir, called the communities of Innerwick, Thornton and Dunbar respectively, with privilege to cast and extract peats, turves, fuel, fail and divot in and through the parts and bounds of the said muirs and communities wherever the said Master George and his foresaids shall think most expedient, lying within the said constabulary of Haddington and sheriffdom of Edinburgh; and of all and whole three acres of arable land with the pertinents, lying beside the burgh of Haddington in the shed called Baxterflat beside the new gate of Haddington, together with the foresaid office of bailiary of the lands of Knowis, Scougall, Broxmouth, Oldham, Halkerslandis, Spenslandis, Gillieislandis and of the whole lordship of Tyninghame, as well as of the property as tenantry of the foresaid whole lands and others above-written. And has made, created and erected the town of Tyninghame in a free burgh of barony and regality, to be called in all times coming the burgh of Tyninghame, giving, granting and committing to the said burgh in all times coming free liberty and privilege to buy and sell and to have and hold within the same a market day each week and free fair yearly upon 21 September, to continue eight days, with all and sundry other freedoms, privileges, liberties, commodities and immunities whatsoever pertaining or known justly to pertain to a free burgh of barony. With power to build a port and harbour upon any part of the said lands of Tyninghame where the sea flows and where the same may be most conveniently built, with all and sundry freedoms, anchorages and customs pertaining or known justly to pertain to a port and harbour at length specified and contained in the said charter. And likewise has made and constituted the said Master George, his male heirs and assignees foresaid his majesty's heritable justiciaries and lords of the direct lordship of all and sundry the lands and others above-written contained in the said charter, as well as of the property as tenantry thereof within and through all the bounds of the same, and has given and conveyed to him the heritable jurisdiction and direct lordship thereof, with free chapel and chancellery with escheats, unlaws and other commodities contained therein; and has united, erected, created and incorporated the foresaid whole lands of burgh and barony and others respectively contained therein in a free barony and regality, to be called in all times coming the barony and regality of Tyninghame; ordaining the foresaid castle to be the principal messuage of the said whole barony, and a sasine to be taken thereat to be a sufficient sasine of the foresaid whole lands and others above-rehearsed, to be held of his majesty in fee and heritage, free barony and regality heritably for ever for a certain yearly feu duty therein contained, as the said charter of the date 6 August the year of God 1591 in itself at more length purports. Therefore our said sovereign lord and estates of this present parliament, for the causes contained in the said charter, and for the good, true and thankful service done to his majesty and his highness's most noble progenitors of worthy memory by his highness's said trusty and well-beloved councillor Master George Lauder of the Bass and others his predecessors whom of he has lineally descended in all times bygone, as become true and faithful subjects without defection from their loyal and dutiful obedience, have ratified, approved and confirmed and, by the tenor of this present act, for him and his highness's successors, ratify, approve and perpetually confirm the foresaid charter and infeftment in all the heads, points, clauses, articles, circumstances, immunities, privileges and conditions at length contained therein, after the form and tenor of the same in all points. And also his majesty and estates foresaid, by the tenor hereof, decree, declare and ordain the same to be as effectual, valid and sufficient to the said Master George and his foresaids for their peaceably holding, enjoying and possessing of the said whole lands, office of bailiary, port and harbour, burgh of barony, privileges, liberties and immunities and all others specially and particularly contained in the said charter perpetually in all times coming likewise as if the said charter and infeftment were at length inserted and contained word by word in this present act, notwithstanding that the same is not inserted nor contained herein. Regarding which, and with supplement of all faults and defections that may be proposed and objected against the said charter, validity and effect thereof, our said sovereign lord, with advice of the said estates, has dispensed and by the tenor hereof irrevocably dispenses for ever.