[1633/6/68]¹

Act in favour of George [Hay], earl of Kinnoull, chancellor

Our sovereign lord, with advice and consent of the estates of this present parliament, ratifies and approves the two charters of alienation made and granted by the late James Haliburton of Essie to his highness's right trusty cousin and councillor George, earl of Kinnoull, viscount of Dupplin, lord Hay of Kinfauns etc., lord high chancellor of this realm of Scotland, therein designed Sir George Hay of Nether Liff, knight, his male heirs and assignees whatsoever heritably, the one thereof that the said late James Haliburton, his 24th part of all and sundry of the lands of Kincaple with the pertinents, sometimes occupied by John Mitchell, and also of all and whole of the said late James Haliburton's sixteenth part of the said lands lying on the west part of the town thereof, sometimes occupied by David Forrester, as also of all and whole another of the said late James Haliburton, his sixteenth part of the same lands of Kincaple, sometimes occupied by Thomas Johnson, with houses, buildings, yards, tofts, crofts and pertinents thereof, lying within the regality of St Andrews and sheriffdom of Fife under the reservation therein mentioned; and the other of the said charters of all and sundry of the said feu ferms of the portions after-specified of the said town and lands of Kincaple, namely: the feu ferm of that sixth part of the said town and lands of Kincaple, sometimes occupied by Patrick Kinmonth of Calinshe, as also of the feu ferm of a third part and ninth part of the said lands sometimes occupied by Patrick Duddingston [of Kincaple], and of the feu ferms of a 26th part of the said lands occupied by Andrew Month, and of another 24th part of the said lands and town occupied by David Forrester, and also of the feu ferms of a 24th part of the said lands occupied by David Brown, and the feu ferms of another 24th of the said lands occupied by [...] and their subtenants, lying within the regality of St Andrews and sheriffdom of Fife foresaid, extending in the whole yearly to the quantity of victual, silver and other duties particularly and generally specified in the said charter, together with the office of bailiary and jurisdiction of the said lands specified in the said charter. Which both the charters above-mentioned are granted to be held of [George Gledstanes], archbishop of St Andrews and his successive bishops of St Andrews, and are both dated 22 October 1612, confirming the foresaid two charters of alienation and sundry other rights and securities therein specified made to the said late James Haliburton and his predecessors of the lands and others foresaid. Which charter of confirmation contains a new gift made and granted by the said late George, bishop of St Andrews, with consent foresaid, to the said lord chancellor and his above-written of the lands, feu ferms, office of bailiary and others above-mentioned to be held of the said archbishop of St Andrews and his successive bishops of St Andrews for the duties specified therein, with the precepts of sasine therein contained and instruments of sasine following thereupon, with all other charters, precepts, sasines, acts of parliament and other rights and securities made to the said lord chancellor and his authors and predecessors of or concerning the lands, feu ferms, office of bailiary and others above-specified, or any part thereof, in all and sundry points, articles and clauses contained therein, after the forms and tenors thereof; and decrees, statutes and ordains that this present confirmation of the charters and other securities above-specified, with the precepts of sasines therein contained and instruments of sasine following thereupon, is and shall be as valid, effectual and sufficient as if the said whole charters and instruments of sasine following thereupon were at length and word by word inserted and engrossed herein. And likewise his majesty, with advice and consent foresaid, by this act finds, declares, statutes and ordains that the said charters and sasines following thereupon and this present confirmation thereof is, and shall be, sufficient, valid and lawful rights and securities to the said lord chancellor and his above-written for the peaceable possessing and enjoying of the lands, feu ferms, office of bailiary and others above-mentioned at their pleasure in time coming, notwithstanding of the want or loss of any one or more of the said writs and notwithstanding of all other impediments or objections that may be proposed or alleged against the said lord chancellor or his foresaids, ordaining this act to be a sufficient warrant to the clerk register and his deputes to extract an act of parliament hereupon in due form with all clauses needful.