[1621/6/53]¹

A ratification in favour of [James Hamilton], marquis of Hamilton

Our sovereign lord and estates of this present parliament ratify and approve the infeftment made and granted by the late James IV, by the grace of God, king of Scots, under the great seal to the late James [Hamilton], lord Hamilton, great-grandfather to his highness's right trusty cousin and councillor James, marquis of Hamilton, earl of Arran and Cambridge, lord Aven and Innerdale etc., of the lands and earldom of Arran lying within the sheriffdom of Bute, with tenants, tenancies, service of free tenants, advocation and donation of kirks and chaplainries thereof, castles, fortalices, mills, fishings and all their pertinents belonging to the said lands and earldom, to be held of the said late James IV, by the grace of God, king of Scots, and his successors in fee heritage and free barony for ever, for the yearly payment of a silver penny at the feast of Whitsunday [May/June] in name of blench ferm, if it were asked, of the date 11 August 1503; and also the infeftment made and granted by our said sovereign lord, with advice and consent of Charles, prince of Scotland and Wales, duke of Rothesay and Albany and of Cornwall and York, and stewart of Scotland, and also by the said Charles, prince and stewart of Scotland, for himself and for all right and title which he had, has or may pretend in and to the lands and others above and after-specified, with advice and consent of our said sovereign lord, his dearest father and lawful administrator for his interest, and by them both with one consent and assent, and likewise with consent of John [Erskine], earl of Mar, lord Erskine and Garioch etc., high treasurer, comptroller, collector and treasurer of his highness's new augmentations of the said kingdom of Scotland, and of the remaining lords of his highness's privy council, his majesty's commissioners, and of the lords of the prince his highness's council, commissioners nominated by his highness, with advice of his said dearest father, for administration of the prince his highness's affairs within the said kingdom of Scotland under their great seals, infeftments made to the said James, marquis of Hamilton, the late James [Hamilton], earl of Arran, his uncle, and the late James [Hamilton], duke of Chatelherault, earl of Arran, his grandfather, who was son and heir to the said late James, lord Hamilton, of the lands and earldom above-written, with the retours and precepts of sasine whereupon the same proceeded, and a new gift and disposition to the said James, marquis of Hamilton, his male heirs and assignees whatsoever of the lands and earldom above-specified proceeding upon his own resignation, with the precepts and instruments of sasine respectively following upon the said two infeftments, in all and sundry heads, articles, clauses and conditions therein contained after the forms and tenors thereof, and statute and ordain this present ratification to be as valid, effectual and sufficient in all respects as if the infeftments respectively above-specified, precepts and instruments of sasine following thereupon were at length and word by word inserted herein. And further, our said sovereign lord and estates aforesaid, for the good, true and thankful service done to his majesty and his highness's most noble progenitors by the said James, marquis of Hamilton and his predecessors, which service his majesty and estates aforesaid have tried and found to have been very profitable to his majesty and to this realm and lieges thereof and worthy of remuneration, therefore his majesty and estates aforesaid have dissolved and dissolve the aforesaid lands and earldom of Arran with tenants, tenancies, service of free tenants, advocation and donation of kirks and chaplainries thereof, castles, fortalices, mills, fishings and all their pertinents belonging to the said lands and earldom from his majesty's crown and patrimony thereof, and from the principality and from all acts of annexation made by his majesty or his highness's predecessors whereby the lands and others aforesaid, or any part thereof, were annexed to his majesty's crown, or to the principality, to the effect that his majesty may give, grant and convey the same to the said James, marquis of Hamilton, his male heirs and assignees aforesaid heritable, together with all right, title, interest and claim of right which his majesty, his highness's predecessors or successors had, have or may in any way have or claim thereto, or any part thereof in time coming, to be held of his majesty and his successors in free blench for payment of one penny at the principal messuage of the said earldom at the feast of Whitsunday in name of blench ferm, if it be asked only. And also, his majesty and estates of this present parliament ratify, approve and perpetually confirm the infeftment made and granted by his majesty under his highness's great seal to the said late James, earl of Arran, uncle to the said James, marquis of Hamilton, and his male heirs therein contained, of all and sundry the lands and barony of Hamilton, with the castle, fortalice, corn mills, waulk mills, annexes, connexes, parts, pendicles, outsets, tenants, tenancies, service of free tenants, advocation and donation of kirks and chaplainries, woods, forests and parks of the same, lying within the sheriffdom of Lanark, and of all and sundry the lands and barony of Machanshire, with towers, fortalices, fishings, tenants, tenancies, service of free tenants thereof and all their pertinents lying as said is, with the advocation, donation and right of patronage of the deanery of Glasgow, called the parsonage of the kirks of Hamilton and Dalserf, of the date at Hamilton, 24 June 1589, with the precept and instrument of sasine following thereupon, in all and sundry heads, articles, clauses and conditions therein contained after the form and tenor thereof; and statute and ordain this present ratification to be as valid, effectual and sufficient in all respects as if the infeftment above-written, precept and instrument of sasine following thereupon were at length and word by word inserted herein. And also his majesty and estates aforesaid have excepted and, by this ratification, except the rights and infeftments made and granted by his majesty and his highness's most noble progenitors to the said James, marquis of Hamilton and his predecessors above-nominated of the advocation, donation and right of patronage of the said deanery of Glasgow, called the parsonage of Hamilton and Dalserf, and of the remaining kirks and chaplainries above-mentioned from the act of parliament made in the month of June 1593, entitled 'Regarding infeftments given by his majesty with new right of patronage', and declare the said act of parliament in no way to be extended to the infeftments, rights and titles made by his majesty and his highness's most noble progenitors to the said James, marquis of Hamilton and his predecessors above-specified of the said deanery of Glasgow, called the parsonage of Hamilton and Dalserf, and of the remaining kirks and chaplainries above-mentioned and right of patronage thereof at any time bygone preceding the date of this ratification, and that the said infeftments and rights made and granted by his majesty and his predecessors to the said James, marquis of Hamilton and his antecessors above-nominated of the said deanery of Glasgow, kirks and chaplainries above-mentioned, and right of patronage thereof above-written, are and shall be as valid, effectual and sufficient in all respects as if the same had been made and granted by his majesty and his predecessors with consent of the titulars thereof for the time, and as if the same had been specially and expressly excepted out of and from the aforesaid act of parliament made in the said month of June 1593, concerning which his majesty and estates aforesaid dispense for ever.