[1605/6/112]¹

Act in favour of Sir George Bruce regarding the ratification of his infeftment of Carnock

Our sovereign lord and estates of parliament presently convened ratify, approve and, for his highness and his successors, perpetually confirm the charter and infeftment made and granted by his majesty under the great seal to his beloved George Bruce of Carnock of all and whole the lands and barony of Carnock, with the parts, pendicles and pertinents of the same, with the advocation, donation and right of patronage of the parsonage and vicarage of the parish kirk of Carnock, with the taxed ward therein contained, 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, with the advice of our beloved familiar and councillor Lord George Home of Spott, knight, our treasurer, and of our familiar and councillor Master John Preston of Fenton Barns, treasurer of our new augmentations of the church lands of this realm of ours which have been annexed to our crown, have given, granted, conveyed and by this present charter of ours confirmed and by the wording of the same do give, grant, convey and by this present charter of ours confirm, in favour of our beloved George Bruce, joint tenant of Gellats, and any of his heirs and assignees, in heritage, whole and complete the lands and barony of Carnock particularly including, all and singly, the lands of Carnock and half of each of them, with their tower, fortalice, manor, houses, buildings, gardens, orchards, parks, meadows, forests, dovecotes, coals, coalworkings, grain mills, waulk mills, mill lands, multures, woods, fisheries, parts, pendicles, annex and connex, dependencies, tofts, crofts, outsets, tenants, tenancies, services of freeholders and any of their pertinents wherever they lie on either side of the water, with their complete privileges, profits and advantages, lying within our sheriffdom of Fife. The foresaid lands and barony, with their pertinents, formerly belonged in heritage to our beloved kinsman John [Lindsay], lord Lindsay of the Byres, and he, with the express consent and assent of his mother Lady Euphemia Leslie, widow of the late James [Lindsay], lord Lindsay of the Byres, and with the consent of his wife Anne Oliphant, through their procurators lawfully constituted for this purpose and by their letters patent, surrendered them of his own accord into our hands, as if into the hands of their immediate lord superior, at Dunfermline, and resigned them, purely and simply, by stick and baston, and renounces in perpetuity all right and claim, property and possession which he had, has or could in any way at all have in future, in favour of the said George Bruce and of his heirs and assignees, in return for this new charter and infeftment of ours, to be given and completed in heritage to them in the due form under the great seal. Further we, for the good, loyal and gracious service offered and given to us by the foresaid George Bruce and in various other important respects and good considerations which influence us, afresh with the advice of the forementioned, have given, granted and conveyed, and by the wording of our present charter do give, grant and convey to the foresaid George Bruce and his foresaid heirs and assignees, whole and complete the foresaid lands and barony of Carnock particularly including, all and singly, the foresaid lands of Carnock and half of each of them, with their tower, fortalice, manor, houses, buildings, gardens, orchards, meadows, parks, forests, dovecotes, coals, coalworkings, grain mills, waulk mills, mill lands, multures, woods, fisheries, parts, pendicles, annex and connex, dependencies, tofts, crofts, outsets, tenants, tenancies, services of freeholders and any of their pertinents wherever they lie on either side of the water, with their complete privileges, profits and advantages, together with every right, title, interest, claim at law (whether as claimant or possessor) which we, our predecessors or successors had, have or could in any way have or claim to have towards them or any part of them, or to taxes, ferms, profits or dues of the same concerning any years or terms in the past, on account of ward, relief, non-entry, escheat, forfeiture, recognition, purpresture, disclaimer of bastardy, infeftments, sasines or retours of reduction of the whole or the greater part of the alienation, or by virtue of the forementioned act of annexation of church lands of this realm to our crown, or on account of non-confirmation within the due time, or by virtue of any acts of parliament or of other acts, laws or regulations of our realm, or for any other cause, action or reason before the date of our present charter. We make renunciation and exoneration for them, with all action and instance of the same, on behalf of ourselves and our successors, in favour of the foresaid George Bruce and his foresaid heirs and assignees for now and in perpetuity, with agreement not to claim, and with supplement of all errors, named or not, which we wish to be in this present charter of ours as if expressed. Besides, considering that the rectory and vicarage of the parish church of Carnock, with, all and singly, any lands, teinds, fruits, rents, emoluments and dues relating and pertaining to this kind of thing, has been from of old a part of the patrimony and property of the ministry of Scotlandwell and of its benefice and was surrendered, resigned and simply donated into our hands by Andrew Arnot, minister of Scotlandwell, (now destitute of a community) by his procurators lawfully constituted for this purpose and by his letters patent, to the effect that the said rectory and vicarage are dissolved and suppressed for all time to come from the said ministry of Scotlandwell and its benefice, and that the right and title of patronage of the same is conferred and granted by us to the said George Bruce and his heirs and assignees, as is contained at greater length in the said surrender. Therefore, with the advice of the foresaids, we have dissolved and suppressed, and by the wording of our present charter have dissolved and suppressed on behalf of ourselves and our successors the foresaid parish church of Carnock, the rectory and vicarage of the same, with, all and singly, any lands, teinds, fruits, rents, emoluments and dues relating and pertaining to the said ministry of Scotlandwell and its benefice, and that the said rectory and vicarage, their teinds, fruits and rents shall at no time in the future be any part or portion of the patrimony or property of the foresaid ministry of Scotlandwell and its benefice. Also, we, with the advice of the foresaids, have unified, annexed and incorporated, and by the wording of our present charter do, on behalf of ourselves and our successors, unify, annex and incorporate the advocation, donation and right of patronage of the foresaid parish church of Carnock, and its rectory and vicarage, to the foresaid barony of Carnock to remain with it in perpetuity for all time in the future, inseparably. Also we have made, ordered and ordained, and by the wording our present charter, on behalf of ourselves and our successors, do order and ordain that the foresaid George Bruce, his heirs and his successors in the said barony of Carnock shall be indubitable and irrevocable hereditary patrons of the foresaid church of Carnock and its rectory and vicarage, with the authority to present persons to the ordinaries who are able, suitable and appropriately qualified, whenever the said rectory and vicarage happen to be vacant through surrender, deprivation or incapacity of the possessors present or future or in any other way whatsoever, and also to use, enjoy and exercise, all and singly, everything which relates to the said advocation, donation and right of patronage of the foresaid, as freely as any other hereditary patron within our realm does or in similar circumstances could. Also we wish and grant and on behalf of ourselves and our successors in perpetuity decree and ordain that a single sasine now to be taken at this principal messuage now by the foresaid George and for all time to come by his heirs and successors shall stand and be a sufficient sasine, at the tower, fortalice and principal messuage for, whole and complete, the lands and barony of Carnock, with both halves of the same tower, fortalice, manor, houses, buildings, gardens, orchards, meadows, parks, forests, dovecotes, coals, coal workings, grain mills and waulk mills, mill lands, multures, woods, fishings, parts, pendicles, annex and connex, dependencies, tofts, crofts, outsets, tenants, tenancies and services of freeholders and their pertinents, wherever they lie on either side of the water, with, complete, the privileges, profits and advantages of the same, together with the said advocation, donation and right of patronage of the foresaid parish church of Carnock and its rectory and vicarage, notwithstanding that they do not lie together and contiguously but in various parts, regarding which, on behalf of ourselves and our successors, we make surrender and by the wording of our present charter we convey for now and in perpetuity. Whole and complete, the foresaid lands and barony of Carnock, with both halves of the same with tower, fortalice, manor, houses, buildings, gardens, orchards, parks and meadows, forests, dovecotes, coals, coalworkings, grain mills and waulk mills, mill lands, multures, woods, fishings, parts, pendicles, annex and connex, dependencies, tofts, crofts, outsets, tenants, tenancies and services of freeholders and their pertinents, wherever they lie on either side of the water, with, complete, the privileges, profits and advantages of the same, together with the said advocation, donation and right of patronage of the foresaid parish church of Carnock and its rectory and vicarage, are to be had and held by the foresaid George Bruce, and his foresaid heirs and assignees, from us and our successors, in fee and heritage and free barony in perpetuity, 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 and their outcomes, inheritance payments, bloodwit and marriage of women, with common pasture and free entry and exit, with furca et fossa, soke and sac, toll and theame, vert, wrack, wair, venison, infangthief and outfangthief, pit and gallows, with, all and singly, the liberties, 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, freely, quietly, fully, completely, honourably, well and in peace, without any revocation, contradiction, impediment or obstacle. In return, each year the said George and his foresaid heirs and assignees shall render to us and to our successors, for the larger half of the foresaid lands and barony and their pertinents, the service of ward and relief, and for the smaller half of the said lands and barony, with their pertinents, the sum of 33s and 4d of the usual currency of our realm in place of kane, only, provided however that George and his heirs and assignees in all times to come shall be held to pay to us and to our successors, whenever it should happen that the foresaid lands and barony come into our hands and those of our successors by reason of ward or non-entry on account of minority, or absence of heirs or successors of the said George or in any other way, the sum of £20 of the usual currency of our realm annually for the duration of the ward and non-entry, at the two terms of the year, namely Pentecost and Martinmas in winter [11 November], by equal proportions, together with the sum of £100 of the foresaid currency for marriage of an heir, only. Further, we wish and grant, and on behalf of ourselves and our successors in perpetuity, decree and ordain, from certain knowledge and a proper motive, with the advice of the foresaids, that whenever it should happen henceforth that the foresaid lands and barony of Carnock, with their pertinents, come into our hands or those of our successors by reason of the said ward or non-entry on account of minority or lack of of heirs and successors of the said George or in any other way, as has been said already, nevertheless the foresaid heirs, assignees and successors of the said George Bruce shall in future enjoy and possess, whole and complete, the foresaid lands and barony and both halves of them, with parts, pendicles, tenants, tenancies and services of freeholders and all their pertinents, with, in their entirety, their taxes, ferms, profits and dues, without any molestation or impediment by us or our successors in any way whatsoever in future, as heirs, assignees and successors of the said George, paying annually to us and our successors, for the period of ward and non-entry of the same, the foresaid sum of £20 of the foresaid currency at the two customary terms of the year, namely Pentecost and Martinmas in winter, by equal proportions, together with the said sum of £100 for the marriage of an heir, only; for each payment of annualrent of £20 pounds, together with the said sum of £100 for marriage of an heir, as has been said. We, on behalf of ourselves and our successors, with the advice of the foresaids, have given, granted, assigned and conveyed and, by the wording of our present charter, do give, grant, assign and convey to the heirs, assignees and successors of the said George Bruce the foresaid ward and non-entry of, whole and complete, the foresaid lands and barony of Carnock, with both halves of the same, parts, pendicles, tenants, tenancies and services of freeholders and all their pertinents, together with relief of the same and marriage of an heir, as often as it should happen that the same lands and barony come into our hands or those of our successors by reason of ward or non-entry at any time in the future, as has been said. 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], marquis of Hamilton, earl of Arran, lord Aven, etc., John [Graham], earl of Montrose, lord Graham, etc., our chancellor, George [Keith], earl Marischal, lord Keith, etc., marischal of our realm, our beloved familiars and councillors lords James Elphinstone of Barnton, our secretary, Richard Cockburn, younger, of Clerkington, keeper of our privy seal, knights, Master John Skene [of Curriehill], clerk of our rolls of register and council, lord John Cockburn of Ormiston, knight, our justice clerk, and Master William Scott of Elie, our director of chancellery. At Dunfermline on 4 May in the year of the Lord 1602, and in the thirty-fifth of our reign, in all and sundry heads, points, articles, clauses, provisions and conditions whatsoever therein contained; and decrees and declares the same infeftment to have well granted and for appropriate causes and good service done to his majesty by the said George, and therefore to remain and abide in all time coming as good, valid and effectual rights and securities to the said George Bruce, his heirs and successors for possessing and enjoying of the foresaid lands and barony, with the advocation, donation and right of patronage of the parish kirk thereof, with the taxed ward therein contained. To the which ratification George [Gledstanes], archbishop of St Andrews, being personally present in this present parliament, consented, and was content that the same infeftment, with the taxed ward therein contained, should stand and remain forever as good, valid and effectual to the said George Bruce and his foresaids, providing always that the said ratification prejudice not the archbishop nor his successors in their right of the superiority of the one half of the said lands and barony of Carnock and of the duties due to them contained in the said infeftment ratified as said is, and also the said George Bruce of Carnock paying yearly to the minister serving the cure at the said kirk of Carnock, and his successors serving the cure at the said kirk, the yearly stipend underwritten, namely: 14 bolls, two part bolls of barley, one chalder, 14 bolls, two part bolls of meal.