[1621/6/91]¹

Ratification in favour of John Auchmuty of his infeftment of Scougall

Our sovereign lord and estates of this present parliament, understanding that the lands and living of Scougall lying within the lordship of Tyninghame, sheriffdom of Edinburgh and constabulary of Haddington, now pertaining heritably and irredeemably to his highness's right trusty and well-beloved servant John Auchmuty of Scougall, one of the grooms of his majesty's bedchamber, are and were held of old of the archbishops of St Andrews and their successors in free blench for payment yearly of the sum of 20s usual money of Scotland at Whitsunday [May/June] and Martinmas [11 November] by equal portions in name of blench ferm only, and his majesty and estates, considering that the tower and fortalice of Scougall, whole houses and buildings thereof were burnt by a sudden fire by the space of 30 years since or thereby, by the which fire the whole charters and evidents for the most part of the said lands and living of Scougall, being within the said tower and fortalice thereof, were burnt and destroyed; and his majesty and estates being always willing that the want and lack of the said old evidents and writs shall infer no hurt nor prejudice to the said John Auchmuty, his heirs nor successors, therefore his highness and estates aforesaid have ratified, approved and confirmed and, by the tenor hereof, ratify, approve and confirm all and sundry infeftments, charters, precepts, instruments of sasine, confirmations, resignations and other writs, rights, titles and securities whatsoever made and granted to the said John Auchmuty of Scougall, or any others his predecessors and authors of the said lands and living of Scougall, with the tower, fortalice, links, rabbit warrens, dovecots, pasturage, parts, pendicles and all their pertinents by whatsoever person or persons in all time bygone, in the whole heads and conditions thereof, and in special, without prejudice of the general ratification aforesaid, his majesty and estates ratify and approve the charter and infeftment granted by the right reverend father in God, the late George [Gledstanes], archbishop of St Andrews, with consent of the chapter thereof for the time, to the late John Scougall, sometime of that Ilk, his male heirs and assignees whatsoever heritably, of all and whole the said lands of Scougall, with the tower, fortalice, houses, buildings, dovecot, yards, rabbit warrens and whole pertinents, privileges and commodities thereof, as well by sea as land within the old bounds and marches of the same, and with liberty in the common muir of Tyninghame to pasture goods and to cast fuel thereupon, and other duties pertaining to the said commonty, with all their pertinents, to be held of the said late Archbishop of St Andrews and his successors in free blench for payment of the said sum of 20s usual money of Scotland at Whitsunday and Martinmas in name of blench ferm only, which infeftment is of the date at St Andrews, 25 April 1607, together with his majesty's confirmation passed thereupon under the great seal of the date 18 June 1612; together also with the contract, charter and infeftment made and given by the said late John Scougall, sometime of that Ilk, of the said lands and living of Scougall and others aforesaid to the said John Auchmuty, his heirs² and assignees whatsoever heritably and irredeemably, and with the charter and infeftment of resignation made and granted by the said late George, archbishop of St Andrews to the said John Auchmuty, his heirs and assignees of the said lands and living of Scougall and others above-written, with their pertinents, proceeding upon the resignation of the said late John Scougall of that Ilk, likewise holding of the said late archbishop and his successors in free blench for payment of the said sum of 20s in name of blench ferm only, which infeftment of resignation is of the date 12 June 1613; together with the whole instruments of sasine and other rights and securities following upon the said infeftments respectively in the whole heads, clauses and circumstances thereof with all that has followed or may follow thereupon. And his majesty and estates declare, decree and ordain that this present ratification and confirmation shall be as valid, effectual and sufficient to the said John Auchmuty, his heirs and successors for possessing and enjoying of the said lands and living of Scougall with the pertinents as if all and sundry the said infeftments, charters, instruments of sasine, contracts, procuratories and other rights, titles and securities particularly and generally aforesaid were specially and expressly inserted herein; regarding the which, and all inconveniences that may follow thereupon, and with the lack and want of the said evidents, his majesty and estates aforesaid have dispensed and dispense by this ratification. And also declare that the want and lack of the said old and original evidents of the said lands shall be no cause of quarrelling, annulling and impugning of the said John's present rights and securities thereof, but that the said John's present rights and securities of the same, with the said charter and infeftment granted to the said late John Scougall, sometime of that Ilk, his authors thereof, shall remain, abide and be as sufficient to the said John and his foresaids as if the said principal and original evidents were extant; and that the said infeftment granted to the said late John Scougall, sometime of that Ilk, is and shall be from this time forth reputed and held the original infeftment of the said lands, and the production thereof shall serve the said John, his heirs and successors in place of the whole old evidents and writs burnt and destroyed as said is, which old burnt evidents and writs the said John nor his foresaids shall in any way be held to exhibit nor produce in any judgement at any time hereafter.