[1612/10/58]¹

Ratification to Patrick Douglas of his infeftment of the lands of Kilspindie and Aberlady, with the teinds thereof

Our sovereign lord, with the advice and consent of his highness's estates of parliament, ratifies, approves and perpetually confirms the charter of feu ferm, with the precept of sasine inserted in the same, made, given and granted by a reverend father in God, Alexander [Lindsay], bishop of Dunkeld, with advice and consent of the dean and chapter of the cathedral kirk thereof, to his majesty's trusty and well-beloved councillor Sir Alexander Hay [of Whitburgh], knight, then secretary to his majesty and now clerk register, his heirs and assignees whatsoever, of all and whole the mains of Aberlady and lands called the mansion and bakehouse croft adjacent thereto, with the teind sheaves of the same included, which were usually set together with the said lands, of all and whole the links of Aberlady with all their pertinents, together with the castle, tower and fortalice built by Patrick Douglas of Kilspindie upon the north part of the said lands of Aberlady towards the sea, as also of all and whole the office of bailiary of all and whole the lands and town of Aberlady, with the pertinents, with all liberties, privileges, casualties, fees and duties belonging to the said office, lying within the constabulary of Haddington and sheriffdom of Edinburgh, reserving always to the ministers serving the cure at the kirk of Aberlady a manse and glebe, with the pertinents, according to the act of parliament made relating thereto, to be held of the said Alexander, bishop of Dunkeld and his successor bishops of Dunkeld in feu ferm and heritage for ever, likewise in the said charter, of the date at Edinburgh, 23 February 1611, at more length is contained, together with the instrument of sasine following thereupon. And also our said sovereign lord, with advice and consent of his said estates of parliament, ratifies, approves and confirms the letter of tack and assedation made and set by the said Alexander, bishop of Dunkeld, with consent foresaid, to the said Sir Alexander Hay or to his assignee constituted or to be constituted by him, for the lifetime of the said Sir Alexander or of his said assignee, and thereafter to the male heir of the said Sir Alexander or of his said assignee, for the space of the lifetime of the said male heir, and after his decease to his male heirs and assignees whatsoever for the space of 19 years next thereafter, of all and sundry the teind sheaves of the parish kirk and parish of Aberlady, with the pendicles and pertinents thereof, except as is excepted in the said tack, for payment of the yearly duty therein mentioned, as the same of the date at Edinburgh, the said 23 February 1611 foresaid, at more length bears, together with all and sundry infeftments, assignations, rights and securities made by the said Sir Alexander Hay to and in favour of Patrick Douglas, son lawful to the said Patrick Douglas of Kilspindie, and son-in-law to the said Sir Alexander Hay, his heirs and assignees therein contained, of all and sundry the lands, teind sheaves and others above-specified, with their pertinents, of whatsoever date or dates, tenor or contents the same be. And likewise his majesty, with advice and consent foresaid, ratifies, approves and confirms the infeftment made and granted by a reverend father in God, George [Gledstanes], by the mercy of God archbishop of St Andrews, with consent of the chapter of the cathedral kirk thereof, to the said Patrick Douglas, younger, his male heirs and of tailzie therein contained, of all and sundry the lands of Kilspindie, with the lands and towns thereof called Craigkaine, Freland and Standandstanes, lying together with the manor place, houses, buildings, yards, orchards, mills, multures, mills lands thereof and all their pertinents, with tenants, tenancies, service of free tenants of the same, advocations, donations and rights of patronages of kirks and chaplainries thereof, annexes, connexes, parts, pendicles and all and sundry their pertinents whatsoever, lying in the barony of Kilspindie, regality of St Andrews and sheriffdom of Perth, containing the reservation of liferent of the said lands of Kilspindie and others foresaid to the said Patrick Douglas, elder, of Kilspindie, during his lifetime, as the said infeftment of the date at St Andrews, 12 July 1609, together with the instrument of sasine following thereupon, in all and sundry points, passages, heads, articles, clauses, conditions and circumstances whatsoever therein contained, after the forms and tenors thereof, with all that has followed or may follow thereupon. Likewise his majesty, with advice and consent foresaid, statutes, decrees, declares and ordains that the foresaid infeftments, tack, assignations, rights and securities made to the said Sir Alexander Hay and Patrick Douglas and their foresaids of the lands, teind sheaves and others above-specified, with their pertinents, are and shall be sufficient, valid and lawful rights to the said Patrick Douglas, his male heirs and assignees foresaid, for possessing of the said lands, teind sheaves and others above-mentioned, with their pertinents, at their pleasure in time coming, according to the tenor of the foresaid infeftments and tack respectively, and of the other rights and securities made to the said Patrick Douglas and his foresaids thereupon in all points, ordaining this act of parliament to be extended in such due form as appropriate, and to insert the infeftments and tack respectively above-specified at length therein, of which the tenors follow: that is to say, the tenor of the infeftment made and granted to the said Sir Alexander Hay of the forenamed lands of Aberlady:

To all who shall see or hear this charter, Alexander, by divine permission, bishop of Dunkeld, gives eternal greetings in the Lord, with the express advice, consent and assent of the dean and chapter of the church of our cathedral of Dunkeld. Because by the act of parliament held in Perth on 9 July in the year of the Lord 1606 it was expressly decreed by our supreme lord the king, with the express consent and advice of the estates of this entire kingdom then gathered in parliament, that the estates of bishops should be reinstated and restored to their original and ancient dignities, honours, privileges, lands and rents, as they were in the reformed church before the annexation of the temporality of all benefices within the realm of Scotland to the patrimony of the crown of our said supreme lord the king, in conformity with the act of the parliament held on 29 July in the year of the Lord 1587, this act insofar as it extends or could extend to the dignities, honours, privileges, castles, towers, fortalices, lands and rents of the said bishops, is retracted, rescinded and annulled, with all other acts of parliament passed, or following, or possibly following, to the prejudice of the said bishops, to the end and effect that persons provided or to be provided to the bishoprics of Scotland are able freely, quietly and peacefully to enjoy and use all the honours, dignities and privileges competent for them and their estate, after the reformation of religion, with all lands, teinds, rents and other things owed to them, similarly and as freely in all respects as if the said act of annexation and other acts drafted to their prejudice had never been passed, as is contained at length in the said act of parliament passed on that subject; also because, as a result of the sanction of both laws² and the statutes of the most serene princes of Scotland issued for the benefit of state and realm, it is assured that lands and possessions both ecclesiastical and secular are to be granted and leased in feu ferm or emphyteusis in heritage, so that they, by the care, attention and toil of prudent men, may be cultivated, improved and brought to more productive state of fertility. Let it be known, therefore, that we, with the advice of the forementioned, and in return for certain large sums of money graciously and fully paid to us by the noble man Lord Alexander Hay, knight, secretary of our supreme lord the king, and put to the use of the seat of our bishopric, and for other instances of obedience, gratitude and benefit given to us in many ways, with the express consent and assent of the chapter of the said church of our cathedral of Dunkeld, have given, granted, leased, leased out, rented and in feu ferm or emphyteusis surrendered in heritage, and by this present charter of ours have confirmed, and also by the wording of the present document do give, grant, lease, lease out, rent and in feu ferm or emphyteusis surrender in heritage, and confirm by this present charter of ours, in favour of the foresaid Lord Alexander Hay, knight, and any of his heirs and successors, whole and complete, our demesne lands (commonly called the Mains of Aberlady) and the lands called the mansion and bakehouse croft lying adjacent to them, with teind sheaves included which are customarily rented together with these lands; whole and complete, the warren grounds called Links of Aberlady, with all their pertinents, together with castle, tower and fortalice built by Patrick Douglas of Kilspindie on the north side of the said lands towards the sea; and also, whole and complete, the office of bailie of, whole and complete, the lands and township of Aberlady, with their pertinents, with all liberties, privileges, casualties, feus and dues owed to the said office, lying within the constabulary of Haddington and the sheriffdom of Edinburgh, apart from the manse and glebe and their pertinents reserved for ministers serving the charge at the church of Aberlady, according to the contents of the act of parliament in this regard. Besides, with the advice and consent of the foresaid, we give, grant and convey in favour of the foresaid Lord Alexander Hay, knight, and his foresaid heirs and assignees, the whole 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 lands and other things mentioned above and their pertinents, or to any part 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, escheat, forfeiture, disclaimer, reduction of infeftments, sasines or retours, of feu ferm, ferms and any dues of the same, at any years or terms in the past, non-payment, omission, non-fulfilment of any articles, clauses or conditions contained in ancient infeftments of feu ferm, leases or rentals of lands or other things mentioned above, in failure to confirm within the due time, or in any other way, or by any right, title or by virtue of any acts of parliament in favour of ourselves or our predecessors, or of any other acts, statutes or laws (civil, canon or municipal) made or to be made to the contrary, or for any other cause or occasion prior to the date of the present document. We renounce, transfer and donate the same, with all action and instance of the same, on behalf of ourselves and our successors in favour of the foresaid Lord Alexander Hay, knight, and his heirs and assignees in perpetuity, with agreement not to claim, and with supplement of all defects and imperfections whether named or not, past or future, which we wish to have in this present charter of ours as if expressed. Further, with the advice and consent of the forementioned, we have unified, created and incorporated, and by the wording of our present charter, on behalf of ourselves and our predecessors, we do unify, create and incorporate, all and singly, the lands and other things above and mentioned below, namely, whole and complete, the foresaid demesne lands (commonly called the Mains of Aberlady) and the foresaid lands called the mansion and bakehouse croft lying adjacent to them, with teind sheaves included which are customarily rented together with these lands; whole and complete, the foresaid warren grounds called Links of Aberlady, with all their pertinents, together with the foresaid castle, tower and fortalice built by Patrick Douglas of Kilspindie on the north side of the said lands towards the sea; and also, whole and complete, the office of bailie of, whole and complete, the lands and township of Aberlady, with their pertinents, with all liberties, privileges, casualties, feus and dues owed to the said office, lying as has been said, as one complete and free tenancy to be called the tenancy of Aberlady. We wish and grant and on behalf of ourselves and our successors decree and ordain that a single sasine now to be held by the said Lord Alexander Hay, knight, and in future by his foresaid heirs and assignees, shall stand and be taken at the principal messuage and place of the manor of Aberlady, and shall be for them a sufficient sasine for, all and singly, the lands and other things particularly mentioned above, with their pertinents, without any special or particular sasine needing to be taken at any other place or part of these, notwithstanding that they do not lie together and adjacent, regarding which we, with the advice and consent of the forementioned, have given dispensation and by the contents of our present charter do give dispensation in perpetuity. All and singly, the lands and other things mentioned above or below, namely, whole and complete, the foresaid demesne lands (commonly called the Mains of Aberlady) and the foresaid lands called the mansion and bakehouse croft lying adjacent to them, with teind sheaves included which are customarily rented together with these lands; whole and complete, the foresaid warren grounds called Links of Aberlady, with all their pertinents, together with the foresaid castle, tower and fortalice built by Patrick Douglas of Kilspindie on the north side of the said lands towards the sea; and also, whole and complete, the foresaid office of bailie of, whole and complete, the lands and township of Aberlady, with their pertinents, with all liberties, privileges, casualties, feus and dues owed to the said office, lying as has been said (with the reservation as previously reserved) - are to be held and had by the foresaid Lord Alexander Hay, knight, and his foresaid heirs and assignees from us and our successors as bishops of Dunkeld, in feu ferm, and 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 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, and with, all and singly, freedoms, advantages, profits and easements and any just pertinents whether named or not, under or above ground, far and near, relating or justly capable of relating in any way in future to the foresaid lands and other things mentioned above with their pertinents, freely, quietly, fully, completely, honourably, well and in peace, without any revocation, contradiction, impediment or obstacle. In return, each year the foresaid Lord Alexander Hay, knight, and his foresaid heirs and assignees shall render to us and our successors as bishops of Dunkeld the sum of £80 of the good and usual currency of the realm of Scotland at the two terms of the year, namely the feasts of Pentecost and of St Martin in winter [11 November] by equal portions by way of feu ferm as feu ferm and augmentation for the lands and other things mentioned above, with their pertinents, formerly paid by use and custom, together with the sum of £10 of the foresaid currency at the forementioned terms as a new augmentation of our rental of the lands and other things mentioned above more than was ever paid before for them in the past. Also, the heirs of the said Lord Alexander Hay shall double the said feu ferm and augmentation in the first year of their entry to the said lands and other things already mentioned, with their pertinents, as is customary with feu ferm, only, in place of any other burden, exaction, demand or secular service which could in any way be exacted or demanded by anyone in relation to the foresaid lands and other things mentioned above, with their pertinents. Indeed we, the foresaid Alexander, bishop of Dunkeld and our foresaid successors, with the advice and consent of the forementioned, guarantee, renounce and in perpetuity shall defend against all mortals by our deeds at least, whole and complete the foresaid demesne lands (commonly called the Mains of Aberlady) and the foresaid lands called the mansion and bakehouse croft lying adjacent to them, with teind sheaves included which are customarily rented together with these lands; whole and complete, the foresaid warren grounds called Links of Aberlady, with all their pertinents, together with the foresaid castle, tower and fortalice built by Patrick Douglas of Kilspindie on the north side of the said lands towards the sea; and also, whole and complete, the foresaid office of bailie of, whole and complete, the lands and township of Aberlady, with their pertinents, with all liberties, privileges, casualties, feus and dues owed to the said office, lying as has been said (with the reservation that has already been made), in favour of the foresaid Lord Alexander Hay, knight, and his foresaid heirs and assignees, as freely, quietly in all and through all, in form as in effect as has been said. Hence we give greetings to you, jointly and severally, our beloved [...] and any of you, our sheriffs specially constituted in that part. We instruct and firmly order you that having seen the present document, you forthwith should see to the handing over and surrender without delay, as is the custom with handings over and surrenders, according to the contents of our charter written above (and which he has from us) - the status and hereditary sasine and possession (corporeal, actual and real) of, whole and complete, the foresaid demesne lands (commonly called the Mains of Aberlady) and the foresaid lands called the mansion and bakehouse croft lying adjacent to them, with teind sheaves included which are customarily rented together with these lands; whole and complete, the foresaid warren grounds called Links of Aberlady, with all their pertinents, together with the foresaid castle, tower and fortalice built by Patrick Douglas of Kilspindie on the north side of the said lands towards the sea; and also, whole and complete, the foresaid office of bailie of, whole and complete, the lands and township of Aberlady, with their pertinents, with all liberties, privileges, casualties, feus and dues owed to the said office, lying as has been said (with the reservation that has already been made) - to the forementioned Lord Alexander Hay, knight, or his certified attorney, bearer of the present document, by [...] of earth and stone, of the area of the said lands of Aberlady, at the said principal messuage and place of the manor of the same, by virtue of the forementioned union, as is the custom. And you should in no way omit to do this. To do this, we grant to you and any of you, jointly and severally our foresaid bailies in that part, our full and irrevocable authority by the wording of the present document. In testimony of this our own seal, together with the seal of our common chapter, has been applied to our present charter (signed by the hand of George Murray, servant of James Kinneir, scribe, with the royal signet by his own hand and those of the dean and chapter of the said church of our cathedral of Dunkeld), at Edinburgh on 23 February in the year of the Lord 1611, in the presence of these witnesses: Lord Archibald Douglas of Whittingehame, knight, Master William Oliphant of Newton, Master Richard Douglas of Brockholes, Master John Hay of Easter Kennet, William Hay of Struie, and the said James Kinneir and George Murray, his servant.

Follows the tenor of the forenamed tack of the teind of Aberlady set by the said Bishop of Dunkeld to the said Sir Alexander Hay: Be it known to all men by this present tack, we, Alexander, by the mercy of God bishop of Dunkeld, with express advice, consent and assent of the dean and chapter of the cathedral kirk thereof, for certain great sums of money, other gratitudes, pleasures and good deeds paid, done and performed to us for making and granting hereof by an honourable man, Sir Alexander Hay, knight, secretary to our sovereign lord, whereof we hold us well content and satisfied, and for us and our successors quitclaim, exonerate and simply discharge the said Sir Alexander Hay, his heirs, successors, executors, and all others whom it pertains, of the same for now and ever, renouncing the exception of no numerate money and all other exceptions whatsoever which may be proposed or alleged in the contrary; therefore know us to have set and in tack and assedation let and, by the tenor hereof, with advice and consent foresaid, set and in tack and assedation let to the said Sir Alexander Hay or to his assignees to be made and constituted by him, for all the days, years, time and space of the lifetime of the said Sir Alexander or of his assignee, and after the decease of the said Sir Alexander or of his said assignee, to the male heir of the said Sir Alexander or of his assignee foresaid to be constituted by him as said is, for all the days, years, terms, time and space of the lifetime of the said male heir, and after the decease of the said male heir, to the same male heir, his nearest and lawful male heirs and assignees whatsoever, for all the days, years, crops, time and space of 19 years next and immediately following the decease of the said male heir, so that this present tack and assedation shall endure and continue for the whole years, crops, time and space of the said two lifetimes and 19 years thereafter, without any interval or break of time or space whatsoever, all and sundry the teind sheaves of our parish kirk and parish of Aberlady, with parts, pendicles and pertinents thereof (except the teind sheaves of the mains of Aberlady, which with the said mains are set in feu ferm heritably to the said Sir Alexander Hay and were ever included therewith and never in use to be separate therefrom in any time bygone), lying within the constabulary of Haddington and sheriffdom of Edinburgh, pertaining to us as a part of the patrimony and property of our said bishopric, beginning the said Sir Alexander or his said assignee their entry to the said teind sheaves, for them and their foresaids, at the feast and term of Lammas [1 August] 1610, and from thenceforth to endure and to be peaceably teinded, led, collected, intromitted with, uplifted, set, used and conveyed upon by them at their pleasure in all time coming during the space foresaid, without any interval or break of time or space whatsoever; with full power to the said Sir Alexander Hay or his assignee above-nominated or their foresaids to teind, lead, collect, gather, intromit with and uplift all and sundry the teind sheaves of the parish kirk and parish above-specified (except before excepted) of the foresaid crop and year of God 1610, and also of all years and crops to come during the space above-expressed, and thereupon to convey at their pleasure, and also upon the same teind sheaves, inhibitions yearly at their instances to cause raise and be duly served and executed, actions of spuilzie or wrongful intromission to intend, prosecute and pursue, decreets thereupon to recover and the same to due execution to be put, acquittances and discharges of the same to give, subscribe and deliver, compone, transact and agree relating thereto, and generally to do, use and exercise all other things necessary in the premises and which we might have done ourself before the making hereof; with power likewise to the said Sir Alexander or his assignee and their foresaids to assign, transfer and convey this present tack and assedation and teind sheaves therein contained, in whole or in part, for whatsoever space or spaces and to any person or persons they shall think expedient, paying therefore the said Sir Alexander Hay or his said assignee to be constituted by him and their foresaids to us and our successor bishops of Dunkeld, or to others having our assignation, right and power, yearly and each year during the lifetimes, years and spaces respectively above-written, the sum of 200 merks usual money of this realm of Scotland at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions, together with one chalder of wheat and one chalder of barley between the feasts of Yule and Candlemas [2 February], and also the said Sir Alexander Hay and his foresaids relieving us and our successor bishops of Dunkeld of all taxations that shall happen to be imposed upon the said teind sheaves, and also of the reparation and building of the said kirk of Aberlady, and of the furnishing of the elements of bread and wine to the communion to be celebrated within the said kirk in all time hereafter during the years and space above-specified. And we in truth the said Alexander, bishop of Dunkeld, with consent foresaid, and our successor bishops of Dunkeld, this present tack and assedation of all and sundry the said teind sheaves of our said parish kirk and parish of Aberlady, with parts, pendicles and pertinents thereof (except as is before excepted), to the said Sir Alexander Hay or to his assignee above-nominated, their male heirs and assignees foresaid, during the whole lifetimes, years and spaces above-expressed, in all and by all things as is above-mentioned from our own proper fact and deed only, at all hands and against all persons as law will, shall warrant, acquit and defend without fraud or guile. In witness of the which thing to this tack (written by George Murray, servant to James Kinnear, writer to his majesty's signet), subscribed by us and by the dean and chapter of the said cathedral kirk of Dunkeld, our seal, together with the common seal of chapter of the said bishopric, are hereto appended at Edinburgh, 23 February 1611, before these witnesses: Sir Archibald Douglas of Whittingehame, knight, Master William Oliphant of Newton, Master Richard Douglas of Brockholes, Master John Hay of Easter Kennet, William Hay of Struie and the said James Kinnear. It is thus subscribed, [Alexander] Lindsay, [bishop of] Dunkeld, D. Ramsay, archdean, M. Graham, dean, Master Alexander Ireland, chanter, Master Sylvester Rattray, subchanter, Master William Issac, treasurer, Master James Mercer, prebendary of Fardischaw, Master Ja[mes] Stewart, prebendary of Inchmagrannachan, John Mann, parson of Menmuir, Master Thomas Lundie, prebendary of Alyth, Master David Drummond, prebendary of Crieff, William Bannewis, parson of Lundeif, William Fife, prebendary of Cragie, Master James Ross, prebendary of Muckersie, Master Alexander Omay, prebendary of Monzie, A[lexander] Douglas, witness, [Sir William] Oliphant, witness, R[ichard] Douglas, witness, M[aster] J[ohn] Hay, witness.

Follows the infeftment made by the archbishop of St Andrews to Patrick Douglas, younger, of Kilspindie, of the forenamed lands of Kilspindie etc. To all who will see or hear this charter George, by divine mercy, [arch]bishop of St Andrews and lord superior of lands and other things mentioned below, gives eternal greetings in the Lord. Let it be known that we, with the express consent and assent of the chapter of the metropolitan church of St Andrews, gathered for this purpose as a chapter, after diligent discussion and mature deliberation, have given, granted and by this present charter of ours confirmed, and also do give and grant and by this present charter of ours do confirm, to our beloved Patrick Douglas, son and heir apparent of Patrick Douglas of Kilspindie, legitimate offspring of him and of his wife Agnes Gray, and to his legitimate male heirs to be born, who by chance failing, to James Douglas, full brother of the said Patrick Douglas of Kilspindie and his legitimate male heirs to be born, who by chance failing, to James Douglas, second son of William [Douglas], earl of Angus, lord Douglas and Abernethy etc., and his legitimate male heirs to be born, all of whom failing they revert to the forementioned Patrick Douglas of Kilspindie and any of his male heirs and assignees, all and singly, the lands of Kilspindie, with the lands and townships of the same called Craigkane, Freeland and Standard Stanes lying contiguously, with manor place, houses, buildings, gardens, orchards, mills, multures, mill lands of the same, and each of their pertinents, with tenants, tenancies and services of freeholders, advocations, donations and right of patronage of churches and chaplaincies of the same, annex and connex, parts, pendicles and each of their pertinents, lying in the barony of Kilspindie, the regality of St Andrews and within the sheriffdom of Perth. These lands of Kilspindie, with manor, houses, buildings, mills, multures, annex and connex, tenants, tenancies and services of freeholders, advocations and donations of churches and chaplaincies and right of patronage of the same and any and each of their pertinents as stated above, lying as above, formerly belonged in heritage to Patrick Douglas of Kilspindie. He personally, of his own accord, surrendered them at [...] on [...] of the month of [...] in the year of the Lord 1609, into our hands as if into the hands of his lord superior, through his procurators lawfully constituted for this purpose and his letters patent, and he surrendered them purely and simply, by baston and staff, and completely renounced all right and claim, property and possession which the said Patrick Douglas of Kilspindie has, had or in any way could have in any way in future for himself, his heirs and assignees, in respect of and towards the same lands and other things mentioned above, in perpetuity - saving and reserving to the foresaid Patrick Douglas of Kilspindie in free tenement or liferent and usufruct all and singly the lands of Kilspindie and other things mentioned above, with manor place, houses, buildings, gardens, orchards, mills, mill lands of the same, with tenants, tenancies and services of freeholders of the same, annex and connex, parts, pendicles and each of their pertinents, lying and relating as above, to the foresaid Patrick Douglas of Kilspindie for all the days of his life, and saving that reservation, everything proceeding by law - in favour of the foresaid Patrick Douglas of Kilspindie for the payment of those debts or for the help or supplement of other children or for the performance of his business, with full liberty, privilege and authority at his will to levy and receive the sum of 5,000 merks of the usual currency of the realm of Scotland from those lands, the mill, mill lands and townships mentioned above, or any part of them, and to alienate or pledge any part of the lands or mill or to take and levy an annualrent on them for that sum, and further to do and complete every necessary safeguard, and if it should happen to redeem that alienation or pledge in total or in part by requisition of a part or parts or otherwise, with a similar free authority, facility and freedom for the foresaid Patrick Douglas of Kilspindie to receive anew from the the same lands, mill and other things mentioned above respectively or any part of them a sum similar to what was paid for the redemption, and the same lands, mill and townships mentioned above or any part of them or to levy and receive an annualrent from them according to the amount of the said sum spent by him and in his name for the foresaid redemption, and regarding them and the said sum received by him, to do, make and deliver every safeguard necessary for any alienations, pledges and securities to be made as has been said, by the said Patrick Douglas of Kilspindie. His said son and heir apparent Patrick Douglas, and forementioned heirs and assignees, shall be held by the contents of the present document to give their consent and on that subject to grant and complete for his proprietary creditors every necessary security for the principal sums. All and singly, the forementioned lands of Kilspindie, with manor, houses, buildings, with the lands called Craigkane, Freeland and Standard Stanes, with mills, multures and their consequents, with mill lands of the same, annex and connex, tenants, tenancies and services of freeholders, advocations and donations of churches and chaplaincies of the same, and each of their pertinents, lying as above, are to be held and had by the forementioned Patrick Douglas, son and heir apparent of Patrick Douglas of Kilspindie, and by his legitimate male heirs to be born, who by chance failing, to Alexander Douglas, full brother of the said Patrick and his legitimate male heirs to be born, who by chance failing, by the forementioned James Douglas, full brother of the said Patrick of Kilspindie, and his legitimate male heirs to be born, whom by chance failing, by the forementioned James Douglas, second born son of the said William, earl of Angus, lord Douglas and Abernethy etc., and by his legitimately born male heirs, all of whom failing they revert to the forementioned Patrick Douglas of Kilspindie and any of his male heirs and assignees - from us and our successors as archbishops of the said archbishopric, 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 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, pigeons and dovecotes, coals and coalworkings, rabbits and warrens, fruit and orchards, workshops, breweries, brewhouses, whins, groves and 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, and with, all and singly, freedoms, advantages, profits and easements and any just pertinents whether named or not, under or above ground, far and near, relating or justly capable of relating in any way in future to the foresaid lands with their pertinents, freely, quietly, fully, completely, honourably, well and in peace, without any impediment, revocation, contradiction or obstacle. In return, each year the forementioned Patrick Douglas, son and heir apparent of Patrick Douglas of Kilspindie, and his legitimate male heirs to be born, who by chance failing, the foresaid Alexander Douglas, full brother of the said Patrick and his legitimate male heirs to be born, who by chance failing, the said James Douglas, full brother of the said Patrick of Kilspindie, and his foresaid heirs, whom by chance failing, the said James Douglas, second born son of William, earl of Angus, lord Douglas and Abernethy etc., and his forementioned heirs, all of whom failing, the said Patrick Douglas of Kilspindie and his forementioned heirs and assignees, shall render to us and our successors as archbishops of the said archbishopric the rights and services of the said lands of Kilspindie and other things mentioned above, with their pertinents, due and customary to and for us and our predecessors before the foresaid resignation, only, in place of any burden, exaction, request, demand or secular service which could justly in any way have been exacted or required by anyone of the foresaid lands of Kilspindie and other things mentioned above with their pertinents. Further, for certain serious and reasonable causes which influence us, and for a certain sum of money paid and delivered to us in counted money by the said Patrick Douglas, younger, at the time of completion of the present document, and applied by us to the utility, use and convenience of our metropolitan church, with the express advice and consent of the chapter of the same church, we do not only ratify, approve and for ourselves and our successors confirm in perpetuity the foresaid resignation and all the other rights, titles and securities of lands and other things mentioned above, but also, with the advice of the forementioned, we have anew given, granted and conveyed, and by the contents of our present charter we do give, grant, convey and on behalf of ourselves and our successors, with the advice of the forementioned, in heritage confirm to the forementioned Patrick Douglas, younger, son and heir apparent of the said Patrick Douglas of Kilspindie, legitimate offspring of him and of his wife Agnes Gray, and to his legitimate male heirs to be born, who by chance failing, to Alexander Douglas, his full brother and his legitimate male heirs to be born, who by chance failing, to James Douglas, full brother of the said Patrick Douglas of Kilspindie and his legitimate male heirs to be born, whom by chance failing, to James Douglas, second son of William, earl of Angus, lord Douglas and Abernethy etc., and his legitimate male heirs to be born, all of whom failing, they revert to the forementioned Patrick Douglas of Kilspindie and any of his male heirs and assignees - all and singly, the foresaid lands of Kilspindie, with the lands and townships of the same called Craigkane, Freeland and Standard Stanes, lying contiguously, with manor place, houses, buildings, gardens, orchards, mills, multures, mill lands of the same, and each of their pertinents, with tenants, tenancies and services of freeholders, advocations, donations and right of patronage of churches and chaplaincies of the same, annex and connex, parts, pendicles and each of their pertinents, lying as has been said, with all rights, right, title, interest, claim at law (of claimant or possessor), property or possession which we or our predecessors or successors had, have or could in any way have in and to the foresaid lands of Kilspindie, with the lands and townships of the same called Craigkane, Freeland and Standard Stanes, lying contiguously, with manor place, houses, buildings, gardens, orchards, mills, multures, mill lands of the same, and each of their pertinents, with tenants, tenancies and services of freeholders, advocations, donations and right of patronage of churches and chaplaincies of the same, annex and connex, parts, pendicles and each of their pertinents, lying as said above, or to any part of them, or to their ferms, profits or dues in any years or at any terms in the past or in the future, which we had, have or in any way could claim or pretend to have, by reason of ward, relief, non-entry, recognition, forfeiture, bastardy, escheat, disclaimer of infeftments, sasines or retours, reduction or annulment of the holdings of the last heir, non-demonstration of rights and securities, non-production, alienation of the greater part of the said lands without the consent of their lords superior, non-payment of annualrents, dues and services of the said lands or other things mentioned above, process, valuation or sasine relating thereto, non-taking of rental or signatoryship in accordance with any acts of parliament passed in that regard, or by virtue of the act of annexation or of any other acts of parliament, other laws or statutes made or to be made to the contrary, non-confirmation in due time or falling in any way or in our hands and coming into our donation or disposal by any other right and title in the person of us or our successors by the force of the act of parliament held in Perth in July in the year of the Lord 156[...] we, restoring fully and completely to our and our predecessors' dignity, honour, place and pre-eminence of archbishopric which was customary in any age before the acts, or devolved for any other reason named or not, with agreement not to challenge, and with supplement of all defects prior to the date of the present document, and renouncing in favour of them every action and instance on behalf of ourselves and our predecessors for now and in perpetuity. All and singly, the foresaid lands of Kilspindie, with the manor, houses, buildings and lands called Craigkane, Freeland and Standard Stanes, with mills, multures and their consequents, annex and connex, tenants, tenancies and services of freeholders, advocations, donations of churches and chaplaincies and right of patronage of the same and each of their pertinents, lying as has been said, are to be held and had from us and our successors as archbishops of the said archbishopric, in fee and heritage in perpetuity, by all their correct ancient measures and divisions, as they lie in longitude and latitude, in houses, buildings, etc., with mills, multures and their consequents,etc., with any of their pertinents whether named or not, relating or justly capable of relating in any way in future to the foresaid lands of Kilspindie and other things mentioned above, with their pertinents. In return, each year the said Patrick Douglas, son and heir apparent of the said Patrick Douglas of Kilspindie, and his foresaid male heirs and others named above, shall render to us and our successors the rights and services relating to the said lands of Kilspindie and the other things mentioned above which were due and customary for us and our predecessors before the foresaid surrender, only, in place of any other burden, exaction, request, demand or secular service which could in any way be justly exacted or demanded by anyone in relation to the foresaid lands of Kilspindie and other things mentioned above with their pertinents. Indeed, we and our successors guarantee, renounce and in perpetuity shall defend against all mortals by our deeds at least, all and singly, the forementioned lands of Kilspindie with each of their pertinents specified above, in favour of the forementioned Patrick Douglas, son and heir apparent of the foresaid, and his foresaid male heirs and successors specified above, as freely and quietly, in and through everything, in form as in effect, as has been said. Hence we give greetings to you, jointly and severally, our beloved [...] and any of you, our bailies in that part. We instruct and order you that having seen the present document, you or one of you forthwith should see to the proper handing over and surrender without delay, as is the custom in such circumstances, according to the contents of our charter made out in that regard - the status and hereditary sasine and possession (actual and corporeal) of, all and singly, the foresaid lands of Kilspindie, with their pendicles called Craigkane, Freeland and Standard Stanes, and with mills, mill lands, tenants, tenancies and services of freeholders of the same, advocations and right of patronage of churches and chaplaincies of the same and each of their pertinents, in favour of the forementioned Patrick Douglas, son and heir apparent of the said Patrick Douglas of Kilspindie, and his foresaid male heirs or his certified attorney, bearer of the present document, by [...] of earth and stone, of the area of the said lands and mill, with the reservation to Patrick Douglas of Kilspindie, father of the said Patrick Douglas, in liferent, of all and singly the forementioned lands of Kilspindie and other things already said for the duration of all the days of his life. And you should in no way omit to do this. To do this, we grant to you and any of you, jointly and severally, our foresaid bailies in that part, our full and irrevocable authority by the wording of the present document. In testimony of this, our round seal, together with the present seal of our said chapter, as sign of their consent and assent, have been applied to the foregoing, this present charter of ours and the instruction of sasine inserted in it (from the handwritten document of John Blair, servant of George Mack, scribe, with the royal signet), at St Andrews on 12 July in the year of the Lord 1609, in the presence of these witnesses: Master John Wemyss of Craigton, commissioner of St Andrews, Master Alexander Gledstanes, our son, William Douglas, servant of the said Patrick, and David Skinner, notary public, our servant. It is thus subscribed, George [Gledstanes, archbishop of] St Andrews, J[ohn] Wemyss, witness, M[aster] Alexander Gledstanes, witness, William Douglas, witness, David Skinner, witness and writer, of the date and witnesses in this present charter.