[1607/3/40]¹

Ratification in favour of Sir Thomas Hamilton of Binning, knight, advocate to our sovereign lord

29. Our sovereign lord, with advice and consent of the estates of this present parliament of his highness's kingdom of Scotland, ratifies, approves and, for his majesty and his successors, perpetually confirms a charter of disposition and new donation made and granted by his majesty under his great seal of the date at Whitehall, 6 March 1607, to his majesty's familiar clerk and councillor, Sir Thomas Hamilton of Monkland, knight, his grace's advocate, his heirs respectively and assignees therein specified heritably, of all and whole the lands and barony of Binning, comprehending in special the lands of Wester Binning, tower, fortalice, manor place, houses, buildings, orchards, yards, mills, mill lands, multures, sequels, coals, coal pits and all their pertinents with one oxengate of land in East Binning, tenants, tenancies, service of free tenants and pertinents thereof, and that portion of land and piece of meadow adjacent called the Damflatt and Lochhead, with the privileges and pertinents thereof, and also the lands of Orchardfield with their pertinents, containing also the kirk lands of Easter Binning, Wester Binning, Broadlaw, alias Middle² Binning, called the Nunlands, with tenants, tenancies, service of free tenants, feu ferms, yearly rents and pertinents thereof, and all and whole the kirk lands of the vicarage of Binning with right of patronage of the vicarage of Binning, also all and whole the lands of Broadlaw and Hangingside, alias Middle Binning, with manor places, houses, outsets, yards and pertinents thereof, and likewise the whole kirk lands of the vicarage of the said parish kirk of Binning extending to 40 acres of land, with the pertinents, and four oxengate of land in Middle Binning, with their pertinents, all united, annexed and incorporated in a free barony called the barony of Binning, held of his majesty and his successors in free barony, feu ferm and blench respectively with the precept and instrument of sasine following thereupon in all and sundry clauses, articles and conditions whatsoever expressed therein. And also his majesty, with advice and consent of his estates of parliament foresaid, ratifies, approves and perpetually confirms a charter of donation and feu ferm made and granted by his highness under the great seal of the date at Whitehall, 4 April 1607, with advice of his highness's right trusty cousin George [Home], earl of Dunbar, lord Home of Berwick, his grace's high treasurer of the realm of Scotland, and with consent of his majesty's master of the minerals and metals, to the said Sir Thomas Hamilton of Monkland, knight, his majesty's advocate, his heirs and assignees heritably, of all and sundry the mines, minerals and metals of gold, silver, brass, copper, lead and other minerals and metals of whatsoever sort, kind and quality within the whole bounds, marches and ground of the lands and baronies of Ballencrieff, Bathgate, Drumcross, the Knowe of Drumcross, Tortiebin, Torphichen and Hilderston, with their pendicles and pertinents, or within any part, place and pertinent of all the forenamed lands and baronies, lying within the sheriffdom of Linlithgow, held of his majesty and his grace's successors in feu ferm and heritage, with the precept and instrument of sasine following thereupon, in all points, clauses, articles and conditions thereof whatsoever; and also ratifies, approves and perpetually confirms a letter of gift and constitution given under his majesty's great seal of the date at Whitehall, 25 March 1607, making, constituting and ordaining the said Sir Thomas Hamilton of Monkland for all the days of his lifetime master of the metals and minerals whatsoever within his highness's kingdom of Scotland, with all fees, privileges, liberties, jurisdictions, commodities and others whatsoever belonging to the said office, in all and sundry clauses, articles, conditions and circumstances expressed and contained in the said letter, holding the letter of gift of the foresaid office as herein specially word by word expressed; and ordains the charters above-mentioned to be at length engrossed in the books of parliament of the foresaid kingdom of Scotland, of the which two charters the tenors follows:

James, by the grace of God, king of Great Britain, France and Ireland and protector of the faith, 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 and loyal familiar and councillor George, earl of Dunbar, lord Home of Berwick, our great treasurer of our realm of Scotland, and of Master John Preston of Penicuik, our collector general and treasurer of our new acquisitions, have given, granted, conveyed, and on behalf of ourselves and our successors confirmed in perpetuity, and also by the wording of our present charter do give, grant, convey and on behalf of ourselves and our successors confirm in perpetuity, in favour of our familiar, clerk and councillor Lord Thomas Hamilton of Monkland, knight, our advocate, and of his legitimate heirs already born or to be born, all of whom failing (may it not happen) of Thomas Hamilton of Priestfield, his father, and his male heirs born or to be born legitimately to him and his wife Elizabeth Murray, all of whom failing (may it not happen) of any heirs and assignees of the said Sir Thomas Hamilton of Monkland, in heritage, the following: whole and complete, the lands and barony of Binning, particularly including, all and singly, the lands of West Binning, with their tower, manor, houses, buildings, orchards, gardens, mills, mill lands and their sucken, coals, coalworkings, parts, pendicles, dependencies and all their pertinents; whole and complete one oxengate of land in Easter Binning formerly occupied by Robert Hamilton of Briggis, with tenants, tenancies and services of freeholders of the same, and any parts, pendicles and pertinents; also, whole and complete, one piece of land and a piece of meadow lying adjacent to it called Damflatt and Lochend, with all their privileges and any pertinents, lying in the territory of Tortieben within the barony of Melville and our sheriffdom of Edinburgh; also, whole and complete, the lands of Orchardfield, with tenants, tenancies and services of freeholders of the same, lying within our sheriffdom of Edinburgh, containing, all and singly, the church lands of Easter Binning, Wester Binning and Broadlaw (or Middle Binning) called Nunlands, with tenants, tenancies and services of freeholders, feu ferms, annualrents, parts, pendicles, dependencies and any of their pertinents; also, whole and complete, the church lands of the vicarage of Binning, with their pendicles and pertinents, all lying within our sheriffdom of Linlithgow, together with advocation, donation and right of patronage of the said vicarage of Binning, formerly united and annexed into one free barony of Binning. These lands and barony of Binning, containing the lands specifically mentioned above, with the foresaid right of patronage, formerly belonged in heritage to the foresaid Lord Thomas Hamilton, our advocate; he personally of his own accord surrendered them in Edinburgh, as if into the hands of his immediate superior, into the hands of the commissioner and chancellor of our realm and the rest of the lords of the estates and of the privy council of our realm of North Britain in return for the acceptance of surrenders which had our power and commission; he surrendered them purely and simply, by baston and staff, and completely renounced all right and claim, property and possession which he had, has or in any way could have, in perpetuity, in favour of the said Lord Thomas and his foresaids, and in return for this charter of ours and hereditary infeftment to be given and completed in this regard for them in the due form. Further we, with the advice of the foresaid, have given, granted, conveyed and in perpetuity confirmed, and by the wording of our present charter do give, grant, convey and in perpetuity confirm in favour of the foresaid Lord Thomas Hamilton of Monkland, knight, and respectively his foresaid heirs of provision and assignees, in heritage, whole and complete the lands of Broadlaw and Hangingside, or Middle Binning, with manor, houses, buildings, outsets, gardens, parts, pendicles, annex and connex and all their pertinents, together with, all and singly, the foresaid church lands of the vicarage and parish church of Binning, extending to 40 acres of arable land, or thereabouts; and also, whole and complete, the church lands in Middle Binning formerly belonging to the monastery or place of Elcho, with pertinents, extending to four oxengate of land or thereabouts, all lying within our sheriffdom of Linlithgow, formerly belonging in heritage to John Livingstone of Broadlaw, and held by him immediately from us, and the foresaid lands of Broadlaw and Hangingside, with the pertinents, formerly belonging to George Pringle of Torwoodlee, by virtue of his hereditary infeftment of the same; these complete lands of Broadlaw and Hangingside, with their pertinents, and the foresaid church lands of the said vicarage of Binning, with the said four oxengate of church land in Middle Binning were surrendered by the said John Livingstone of Broadlaw with the consent of his wife Elizabeth Logan and of Alexander [Livingston], earl of Linlithgow and of various other people for their rights, title and interest, and by the said George Pringle by letters patent properly drawn up by their procurators for the purpose, into the hands of the said lords, commissioner and chancellor and of the rest of the lords of the estates and of our privy council, as if into the hands of their immediate superior lord at Edinburgh, and were surrendered by them of their own accord, purely and simply, by baston and staff; they renounced all their right, title, interest, claim at law, property and possession of the same which they had, have or in any way could have, completely, in perpetuity, in favour of and for this new charter and infeftment of ours, to be given and completed regarding the foregoing in the due form, to the said Thomas and his foresaids. Therefore we, for the loyal, good, prompt and gracious service continuously offered and given to us by the said Lord Thomas in relation to our business of great moment, and in various other great regards and for other good causes and considerations which influence us, with the advice and consent of the foresaid, afresh we have given, granted and conveyed, and in perpetuity have confirmed, and by the wording of our present charter afresh give, grant, convey and on behalf of ourselves and our successors do confirm, in favour of the foresaid Lord Thomas Hamilton of Monkland, knight, our advocate and his legitimate heirs already born or to be born, whom failing, of the foresaid Thomas Hamilton of Priestfield, his father, and his male heirs born or to be born legitimately to him and his wife Elizabeth Murray, all of whom failing (may it not happen) of any heirs and assignees of the said Sir Thomas Hamilton of Monkland, in heritage, the following: whole and complete, the lands and barony of Binning, particularly including, all and singly, the lands of West Binning, with their tower, manor, houses, buildings, gardens,orchards, mills, mill lands and their consequents, coals, coalworkings, parts, pendicles, dependencies and all their pertinents; together with the said oxengate of land in Easter Binning, tenants, tenancies and services of freeholders of the same, and parts, pendicles and pertinents; also, whole and complete, the foresaid piece of land and a piece of meadow lying adjacent to it called Damflatt and Lochend, with all their privileges and any pertinents; also, whole and complete, the lands of Orchardfield with their pertinents, containing, whole and complete, the foresaid church lands of Easter Binning, Wester Binning and Broadlaw (or Middle Binning) called Nunlands, with tenants, tenancies and services of freeholders, feu ferms, annual dues, parts, pendicles, dependencies and all of their pertinents; also, whole and complete, the foresaid church lands of the said vicarage of Binning, with their pendicles and pertinents, together with the said advocation, donation and right of patronage of the said vicarage of Binning, formerly united and annexed into one free barony of Binning. Further, with the advice and consent of the foresaid, we have afresh given, granted, conveyed and in perpetuity confirmed, unified, incorporated and in perpetuity annexed, and by the wording of our present charter do give, grant, confirm in perpetuity, incorporate and in perpetuity annex in, to and with the said barony of Binning, in favour of and for the foresaid Lord Thomas Hamilton of Monkland, knight, our advocate, and his foresaid heirs and assignees respectively, whole and complete the foresaid lands of Broadlaw and Hangingside or Middle Binning, with manor, houses, buildings, gardens, outsets, parts, pendicles, annex and connex and all their pertinents, together with, all and singly, the foresaid church lands of the said vicarage and parish church of Binning, extending to 40 acres of land, with their pertinents; also, whole and complete, the four oxengate of church land with the pertinents in Middle Binning, all lying as has been said, together with all right, title, interest, claim at law (of claimant or possessor) which we or our predecessors or successors had, have or could in any way have or claim to have in respect of the foresaid lands detailed above, with their pertinents, or to any part or portion of them, or to their taxes, ferms, profits or dues in any years or at any terms in the past or in the future, by reason of ward, relief, non-entry, recognition, forfeiture, disclaimer or purpresture of bastardy, alienation of the greater or lesser part, confirmation of sasines or any other evidence of the same, absence of infeftments, retours, precepts and sasines, instruments of reduction, or by virtue of any acts of our parliament or of other acts or statutes of our realm, or for any other cause or occasion preceding the date of our present charter. We renounce, quitclaim and simply exonerate them, with all action and instance, and all law, right and cause, on behalf of ourselves and our successors, in favour of the said Thomas and his foresaid heirs, for now and in perpetuity, with agreement not to claim, and with supplement of all defects whether named or not, past or future, which we wish to have in this present charter of ours as if expressed. We promise this, and promise on behalf of ourselves and our successors with our word as a prince, that we and our successors will never in future raise an action, suit, appeal or enquiry against the said Lord Thomas and his foresaids regarding the foregoing. Besides, for the reasons stated above, we, out of certain knowledge, free motive and from mature deliberation, with the advice and consent of the foresaid, have unified, elevated, created, annexed and incorporated, and by the wording of our present charter, on behalf of ourselves and our predecessors, we do unify, elevate, create, annexe and incorporate, all and singly, the foresaid lands and barony of Binning, including what has been stated above, and, whole and complete, the foresaid lands of Broadlaw and Hangingside, or Middle Binning, with all their pertinents and the foresaid 40 acres of church lands of the said vicarage of Binning and the said four oxengate of church lands in Middle Binning, with all their pertinents, together with the right of patronage mentioned above, into one whole and free barony, for all time to come, to be called the barony of Binning, declaring and ordaining that a single sasine now and for all time to come to be held by the said Lord Thomas and his foresaid heirs and assignees respectively at the tower and manor of Binning shall stand and be a sufficient sasine for, all and singly, the foresaid lands detailed above and the foresaid right of patronage, in such a way as if a special and particular sasine had been held at each part and place of the same lands, notwithstanding that they do not lie together and adjacent, but separately, regarding which we on behalf of ourselves and our successors give dispensation. In addition, by our supreme power and royal authority, from certain knowledge, with deliberate and free intention, and with a proper motive, with the consent of the forementioned, we confirm and renew the old form and mode of tenure of the said lands in free blench ferm as follows. Whole and complete, the foresaid lands and barony of Binning, particularly including the specific whole settlements mentioned above with annex and connex, parts, pendicles and their pertinents, with the said right of patronage of the foresaid, in favour of the foresaid Lord Thomas Hamilton of Monkland, knight, our advocate, and of his legitimate heirs already born or to be born, all of whom failing (may it not happen) of the foresaid Thomas Hamilton of Priestfield, his father, and his male heirs born or to be born legitimately to him and his wife the said Elizabeth Murray, all of whom failing (may it not happen) of any heirs and assignees of the said Sir Thomas Hamilton of Monkland, in heritage, from us and our successors in fee and heritage and free feu ferm, blench ferm and free barony respectively, for now and in perpetuity, by all their correct ancient measures and divisions, as they lie in longitude and latitude, in houses, buildings, woods, 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, fishings, thickets, wood, 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, stocks and gallows, with, all and singly, the liberties, advantages and easements justly relating to a free barony, and as freely in all respects as any other baron holds or held his lands and barony from us and our predecessors within our one island of Great Britain and our realms of the same. In return, each year the foresaid Lord Thomas Hamilton and his foresaid heirs and assignees respectively shall render to us and our successors, for the foresaid lands of West Binning, Broadlaw and Hangingside and the rest of the other lands mentioned above formerly held from us in chief, one red rose at the feast of Saint John the Baptist (called midsummer) [24 June] at the tower of Binning by way of blench ferm if sought, only. Also they shall render to us and our successors and others the right for the time [pertaining] to such inhabitants; for the foresaid lands of Nunlands of West Binning, Easter Binning and Broadlaw the sum of 22 merks of the usual currency of our realm of Scotland, at the two customary terms, namely Pentecost and Martinmas [11 November] in winter by equal portions, and paying such a sum of 22 merks of the foresaid currency at the entry of any heir as feu ferm above and beyond the feu ferm mentioned above. Also they shall carry out and impose all other services and dues contained in the said ancient infeftments according to their wording in all points; for the foresaid church lands of the said vicarage of Binning the sum of 4 merks of the foresaid currency annually at the foresaid terms, and doubling the said sum in the first year of entry of any heir to the said lands as is customary with feu ferm, only; they shall pay annually for the said right of patronage of the said vicarage of Binning one white rose at the said feast of Saint John the Baptist (called midsummer) as blench ferm, for all the other dues, exactions, claims and impositions which could justly be imposed by anyone in future regarding the foresaid lands and barony of Binning or any part of them or regarding, all and singly, the foresaid lands and right of patronage united in the said barony. In testimony of this we have instructed our great seal to be applied to this present charter of ours. Witnesses were our kinsmen and councillors James [Hamilton], marquis of Hamilton, earl of Arran, lord Aven etc., George [Keith], earl Marischal, lord Keith etc., marischal of our realm, Alexander [Seton], earl of Dunfermline, lord Fyvie etc., our chancellor, our beloved familiars and councillors James [Elphinstone], lord of Balmerino, our secretary, Lord Richard Cockburn, younger, of Clerkington, knight, keeper of our privy seal, Master James 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, director of our chancellery, at Whitehall on 6 March in the year of the Lord 1607 and the forty-second of our reign.

James, by the grace of God, king of Great Britain, France and Ireland, and protector of the faith, gives greetings to all good men throughout his land, both clergy and laity. Let it be known that, after our dissolution carried out by us with the advice of the three estates of our realm in our parliament, of all minerals and metals existing within our realm of Scotland, to the effect that they be leased in feu ferm for the augmentation of our rental, as is set out at length in the act of our parliament passed in that regard, with the advice of our loyal familiar and councillor George, earl of Dunbar, lord Home of Berwick, our treasurer of Scotland and prefect or master of metals of our said realm and lord thereof, have given, granted, rented, leased, leased out and surrendered for feu ferm or emphyteusis in heritage, and by this present charter of ours have confirmed, and by its wording do give, grant, rent, lease, lease out and surrender for feu ferm or emphyteusis in heritage, and confirm in perpetuity, in favour of our beloved and loyal familiar and councillor Lord Thomas Hamilton of Monkland, knight, and any of his heirs and assignees in heritage, all and singly, the mines and mining rights and metals, gold, silver, copper, tin and lead, and metals of any kind and quality within all the bounds, limits and area of the lands and baronies of Ballencrieff, Bathgate, Drumcross, Knock of Drumcross, Tortieben, Torphichen, and Hilderston, with their pendicles and pertinents or within any part, place or pertinent of all the foresaid lands and baronies or any part of them, lying within our sheriffdom of Linlithgow, with free and full authority to the said Lord Thomas, his heirs and assignees or their factors or servants in their name, to dig the land, to lead aqueducts to drain the diggings, and to search for, extract, make money from, work and intromit, all and singly, metals and minerals of any kind or quality existing within the whole bounds of the said lands and baronies respectively or any part of them, and to transport them to all parts of our realm, or export them outwith our said realm at their will, and to sell, use or dispose of them at their will as if their own property; to bring in and put in place workmen, carriers, miners and other workmen necessary - whether outsiders or not - to this effect; to build houses, mills, fire instruments or works (commonly called 'fireworks') on any part of the said lands; to dig turves and any other material for starting and keeping a fire, and cutting trees in any marshes or woods within the bounds of the said lands or any part of them, or freely gathering and transferring trees, wood, turf and other fire materials found within eight miles of them and putting them to the use advantage and prosecution of the said mines. It is to be accepted as satisfactory, however, that the said Lord Thomas and his foresaids pay to the lords of the said woods and marshes, for the said turf and wood, their just value when it has been agreed among them; if they refuse to accept this, a price is to be set by the lords of our privy council or by two upright men with the authority of the said lords of the privy council. We grant the authority equally to the said Lord Thomas and to his foresaids to make roads and routes for the free entry and exit, approach and return for the said mines, houses, mills, fire works (commonly called 'fireworks') as shall seem expedient to him, and for bringing in all necessary material and all requisites, as well as for conveying the said metals, minerals and material dug from the ground from there to any place at his will, and generally with the authority to the said Lord Thomas and his foresaids to use and exercise any other privileges, freedoms and advantages for the development of the said metals and transport of minerals which would ever have been granted to anyone in the past, by infeftments, leases, or other rights and safeguards, or which could agree with the laws and acts of our parliament. Hence we wish and grant and, on behalf of ourselves and our successors, decree and ordain that a single sasine shall now be held by the said Thomas and for all time to come by his forementioned heirs and assignees, at the manor of Halkerston or the manor of the same which will stand and be a sufficient sasine for, all and singly, the foresaid mines, minerals and metals of gold, silver, copper, tin and lead and other minerals and metals stated above, notwithstanding that they do not lie together and contiguously but in various different parts, regarding which, for us and our successors, by the wording of our present charter, we give dispensation. All and singly, the foresaid mines, minerals and metals of gold, silver, copper, tin and lead and any other metals and minerals of any kind or quality within the bounds, limits and area of the said lands and baronies as mentioned in detail above, with their pendicles and pertinents or within any part, place or portion of the said lands and baronies or any parts of any of them, together with all their privileges, liberties and advantages stated above, shall be held and had by the foresaid Lord Thomas and his foresaid heirs and assignees, from us and our successors in feu ferm, feu, emphyteusis and heritage in perpetuity, with free entry and exit, and with, all and singly, the liberties, advantages and easements and their other just pertinents relating to them or justly capable of relating to them, or to any other such mines, minerals and metals within our realm by virtue of the said act of our parliament, or any feu ferm, infeftments or other rights and safeguards granted or to be granted by us to any other person or persons, freely, quietly, fully, completely, honourably, well and in peace, without any revocation, contradiction, impediment or obstacle. In return, each year the said Thomas, and his foresaid heirs and assignees, shall render to us and our successors and our and their successors and to treasurers present and future and their factors and servants in their name one tenth of, all and singly, the foresaid metals and minerals, of gold, silver, copper, tin and lead and others which each year they happen to find within the said lands and baronies, above ground when they have been found of such a type and quality which have been extracted from the bowels of the earth, or such a price as our royal majesty shall decide, with the advice of our said treasurer or our master of metals present or future and with the written consent of the said Lord Thomas and his foresaids, at the free choice and option of the said Lord Thomas and his foresaids by way of feu ferm, only. In testimony of this we have instructed that our great seal be appended to this present charter of ours. Witnesses were our beloved kinsmen and councillors James [Hamilton], marquis of Hamilton, earl of Arran, lord Aven etc., George [Keith], earl Marischal, lord Keith etc., marischal of our realm, Alexander [Seton], earl of Dunfermline, lord Fyvie etc., our chancellor, James [Elphinstone], lord Balmerino, president of our college of justice and our secretary, our beloved familiars and councillors Lord Richard Cockburn, younger, of Clerkington, knight, keeper of our privy seal, Master James 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, director of our chancellery, at our palace of Whitehall on 4 April in the year of the Lord 1607, and in the forty-fifth year of our reign over Great Britain, France and Ireland.