The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 17 April 2024
[1585/12/74]1
Ane act annulland the infeftmentis maid to Gilbert Lauder of Balbardeis and his sone of the landis and leving of Haltoun
2Forsamekle as anent the supplicatioun gevin in be Alexander Lauder, sone and air appeirand of Schir William Lauder of Haltoun, knycht, makand mentioun that quhair it is not unknawin that the said Alexanderis predicessouris of auncient memorie succeding unto utheris be lang process of tyme, throw thair worthie service to our soverane lord maist noble progenitouris, acquirit and conqueist the lordschip, leving and barronie of Haltoun conteinand the particular landis underwrittin, to wit, all and haill the landis, manis and barronie of Haltoun, with the castell, tour and fortalice thairof; the landis of north croftis of Ratho, Westhall, Platt, Northtoun, Owir Gogar, with the mylne thairof, kirkmylne and mylnelandis of the samyn; the landis of Brouninsfeild, with tennentis, tennandreis and service of frie tennentis and thair pertinentis, all lyand within the boundis and sherefdome of Edinburgh, within the sherefdome and baronie of Renfrew be annexatioun; all and haill the landis and baronie of Cruigly, with the maner place and fortalice thairof; the landis of Owir and Nethir Kydstoun, Meldounhill, lyand within the sherefdome of Peiblis; all and haill the landis of Quhitislie, Quhitsleid, with the tour, fortalice, cornemylne and wakmylne of the same; the landis of Newbigging and Wellis, Quhitlaw and Burnegrange, the mylne of Lauder, lyand within the baillerie of Lauderdaill and sherefdome of Berwick, quhilkis being vertuuslie conqueist in our said soverane lordis predicessouris service as said is, lang befoir the said Schir William succedit thairto, that ancient hous this lang tyme bygane hes keipit the estait and degrie of ane honorable baron evir continewallie in obedience and fidelitie to our said soverane lordis predicessouris, but ony suspitioun; nevirtheles, Gilbert Lauder of Balbardeis, be lang consuetuid, perfytlie understanding the simple of the said Schir William, be certane malignand and craftie practises abusing the said Alexanderis fatheris ignorance to his awin gredie appetite and unhonest commoditie, within the space of sevin yeiris lastbypast allurit and intysit the said Schir William to annalie unto William Lauder, eldest sone to the said Gilbert, his airis and assignais heretable, all and haill the landis and barroneis foirsaidis, be simulat and cullerit venditioun, seing he nathir had money to pay nor payit ony money thairfoir; and the said Gilbert, foirseing that the said infeftment culd be on na force without our said soverane lordis confirmatioun, he lauborit ernestlie for the same, and the mater appering strange that the said Schir William suld annalie unto the said William the haill landis he had in the warld, he, having the saidis Alexander and James Lauder, brither germane, sonis procreat of his awin body be lauchfull mariage of thair mothir, quha is discendit of ane honorabill house, and thay nevir haifing offendit thair said father in word nor deid, the confirmatioun of the said pretendit infeftment was, for the ressonis foirsaidis, stayit be our said soverane lord as ane thing tending to the reproche of his majesteis conscience and honour; bot the said Gilbert schortlie thaireftir, insisting to bring his craftie devyise to ane end be conceiling of the treuth and ane false suggestioun be sic as ar acquentit with our said soverane lord, maid his majestie to understand the said infeftment to be nawayis hurtfull to the said Alexander, bot expreslie to have bene devysit for his weill and preservatioun of his majesties heretaig unto him selff, inrespect that the said Schir William to quhome he behuiffit to succeid had oblist him selff as sovertie for greit sowmes of money, for the quhilkis he affermit that the haill landis mycht be apprysit fra the said Alexander incaise he wer air to his said father, or at the leist, that he suld be relevit of that dait be that infeftment; and to justifie his narratioun and to persuaid our said soverane lord and his hienes thesaurer for the tyme that he culd not be hurte be the said infeftment, the said Gilbert schew ane reversioun maid be the said William to the said Schir William and his assignais, beirand that the saidis haill landis and barroneis suld be redemable upoun fourtie schilling allanerlie, quhilk was the only caus quhilk movit our said soverane lordis thesaurer to condiscend to the said confirmatioun, sensyne as als that the said Schir William, father to the said Alexander, hes renunceit his lyferent to the said William Lauder, quhairupoun he hes tane purpose to sitt doun upoun the haill landis, rowmes and heretaiges and to exclude the said Alexander and his posteritie perpetually thairfra, the lyk quhairof hes nocht bene sene within this realme in na aige past; the said Schir William, be his simple and craft of the said Gilbert, being sa misusit and having lauchfull issue of his awin body quha nevir offendit him as said is, and that the said Alexanderis fatheris deid quhatsumevir of it selff culd not haif debarrit him of his heretaig gif our said soverane lordis deid and confirmatioun had not bene interponit, and alsua the said confirmatioun being alwayis grantit in our said soveranis minoritie and be proponing of ane fals caus, quhair as gif the treuth had bene declairit, his hienes had nevir grantit the samyn, and being alsua safar aganis his majesties conscience and honour, the said alienatioun and confirmatioun following thairupoun ar revocable for dischairge of his hienes said conscience, for seing it is maist trew that chartouris of tailyie maid in the princes minoritie, be the quhilkis the airis femell ar debarrit to gif place to the airis maill, ar, be the lawes of this realme, decernit to be aganis the princes conscience and to be revocable; thair is ane greittair burdene of honour and conscience in this caise quhair all the rychteus airis quhilkis the law of God and man hes appointit to succeid ar debarrit fra thair native heretaig, that ane strangear may be prefarrit and specialie be sic deseatfull and craftie meanis as ar usit in this caise; desyring thairfoir the kingis majestie and his hienes thrie estaitis deiplie to wey and considder quhat singular fraud hes bene usit aganis the said Alexander in our said soverane lordis less aige, to the hurt of his honour and conscience and to the said Alexanderis utter wraik, and thairthrow, to regaird the pernicius exemple that may fallow upoun the preparative sa weikit and that the said ancient house, be that kynd of deling, be not transferrit in injust possessouris. Quhilk supplicatioun being sene and at lenth considderit first be the kingis grace, lordis of articlis and thaireftir be his hienes and thrie estaitis in this present parliament, quha presentlie decernis and declairis the foirsaidis pretendit alienationis, venditionis, chartouris, infeftmentis, preceptis and instrumentis of sesing quhatsumevir maid be the said Schir William Lauder of Haltoun, knycht, to the said William Lauder, sone to the said Gilbert, his airis and assignais heretable, of the landis, baroneis and utheris particularlie abonespecifeit, with our said soverane lordis confirmatioun grantit thairupoun of quhatsumevir dait, to haif bene fra the begyning and to be in all tyme cuming of nane availl, force nor effect with all that hes fallowit or may fallow thairupoun, the ressonis and causis foirsaidis, but prejudice alwayis of utheris confirmationis grantit be our said soverane lord of utheris infeftmentis to utheris personis quhair his hienes conscience and honour is nocht hurt; and ordanis lettres to be directit.
- NAS, PA2/13, ff.62r-63r.
- 'P.O.' written in margin.