[1633/6/78]¹

Act in favour of [James Erskine], earl of Buchan

Our sovereign lord, with advice and consent of the estates of parliament now presently convened, ratifies and approves and, for his highness and his successors, perpetually confirms the charter and infeftment granted by his majesty, with consent of his highness's principal treasurer, collector and comptroller of this kingdom of Scotland and of his majesty's treasurer depute in the said offices for the time and of the other lords, his highness's commissioners of the said kingdom, under his majesty's great seal, to his highness's right trusty cousin James, earl of Buchan, lord Auchterhouse, and the late Dame Mary Douglas, countess of Buchan, his spouse, and to the longest liver of the two, in liferent for all the days of their lifetimes, and to his highness's trusty cousin James [Erskine], lord Auchterhouse, their lawful son, in fee, and to his male heirs lawfully to be procreated of his body, which failing, to return to his highness's said right trusty cousin James, earl of Buchan and the male heirs then lawfully procreated, or to have been procreated, between him and the said late Dame Mary Douglas, countess of Buchan, his spouse, which also failing, to the nearest and lawful male heirs and assignees whatsoever of the said James, earl of Buchan heritably under the special conditions and with the particular reservations, restrictions and provisions respectively mentioned in the said charter, of all and whole the lands and earldom of Buchan, with the whole honours, dignities, titles and privileges pertaining thereto, comprehending also in the same the particular lordships, baronies, annualrents and others respectively and specially after-mentioned which are all proper parts and pendicles of the said earldom of Buchan, namely: all and sundry the lands and earldom of Buchan, with castles, towers, fortalices, woods, mills, multures, fishings, tenants, tenancies, service of free tenants, advocations and donations of kirks, benefices and chaplainries, and all their parts, pendicles and pertinents whatsoever; all and whole the lands and barony of the thanedom of Glendowachy, with woods, mills, multures, fishings, towers, fortalices, manor places, tenants, tenancies and service of free tenants of the same, and all their parts, pendicles and pertinents; all and whole the castle of Banff with the hill and yards of the same, together with the office of crownary within the sheriffdom of Banff, salmon fishings upon the water of Deveron called the Thane's Net, with the assize, lax and salmon fishings in the sea called the Craigschott beside Doune, with all and sundry other salmon fishings, as well in salt as fresh water, upon the said River Deveron, and through all the parts on both the sides of the same, with power and liberty of building and upholding of shelters and of drawing, spreading and drying of nets on every side of the said water, as also of taking of fishes, as well salmon as other fishes, at all times and occasions, by nets, boats and by all other instruments and engines not prohibited nor forbidden by the laws and practice of this realm; all and whole the lands and barony of Mountblairy, with towers, fortalices, woods, mills, mill lands, multures, fishings, tenants, tenancies, service of free tenants, salmon fishings of the same and all their privileges in the said River Deveron; all and whole the lands of Ryland, with mill, mill lands, multures and pertinents of the same; the lands of Culbirnie and Inchdrewer; the lands of Tullochs, with the mill, mill lands, multures and crofts of the same, with the pendicles of the said lands called Ovirtulloche, Haggieshall and Scheardly, with all others, their parts and pendicles as well not named as named; all and whole the lands of Todlaw with the pertinents and salmon fishings of the same; all and whole the lands of Whitefield with the pertinents; all and whole the town and lands of Boig, Smeddietown, Bredmyre, with the salmon fishings of the same in the said River Deveron and their pertinents; all and whole the lands of Blackton, Hairwodhill, Over Deuchries and Petgaries with all their parts, pendicles and pertinents; all and whole the town and lands of Scotstown, Nether Deuchries and Brumesyde with all their parts, pendicles and pertinents; all and whole the lands of Auchinbadie with the mill, mill lands, multures, salmon fishings and pertinents of the same; all and whole the lands of Staneley, Balgray and Knoknie with the pertinents; all and whole the lands of Fortree and Glenhouses with the mill, mill lands, multures and pertinents of the same; all and whole the lands of Minnonie and Draidland with the mill, mill lands, multures and pertinents of the same; all and whole the lands of Kinbeam with the pertinents; all and whole the town and lands of Auchmedden, Glencuthill, Lemnas and Tollie with the mill, mill lands, multures, sequels and two fishing boats, and all privileges and pertinents of the same; all and whole the lands of Pitnacalder and Inchbrek with the pertinents; all and whole the town and lands of Little Byth, Claverie Faulds and Little Balmakelly, with tofts, crofts, outsets and their pertinents; all and whole the lands of Melrose with the mill of the same, mill lands, multures, fishings, parts, pendicles and pertinents thereof; all and whole the town and lands of Collane and Silverford, with the mill, mill lands, multures, fishings, liberties, privileges, parts, pendicles and pertinents of the same whatsoever; all and whole the town and lands of Jackston, Hungryhills, Montbletton, Bruntyards, Meikle and [...] Dyehill, Myrehous, Auldailhous and Bairnehill with all their tofts, crofts, outsets, mills, multures, fishings, parts, pendicles and pertinents of the same; all and whole the lands of Gellyhill with the mill called Gellymill, mill lands, multures and sequels of the same; the lands of Tarlair and Gellymuir, with all their tofts, crofts, parts, pendicles and pertinents of the same; all and whole the town and lands of Doune with all tenements, houses, yards, buildings, acres, particats and crofts of the same within the territory and limits thereof with all their liberties and privileges and with all fishings, as well salmon as white fishings, and all fishing boats within the town of Doune as well being within the same as which shall happen to be within the same in any time coming, with all customs and privileges thereof; and with all mills, mill lands, multures, annexes, connexes, tofts, crofts, outsets, sands, cuningars, parts, pendicles and pertinents whatsoever; all and whole the lands of Newton of Mountblairy, mill of the same, mill lands, multures, sequels, tofts, crofts, outsets, parts, pendicles and all their pertinents; all and whole the lands and barony of Glencuthill with the tower, fortalice, manor place, wood, mills, multures, fishings, tenants, tenancies and service of free tenants, parts, pendicles and pertinents of the same whatsoever; all and whole the lands of Balmakelly, lands of Fetterletter and Lethenty, lands of Saltcoittes, lands of Goveny, Inchbrek, Little Methlick, with the corn and waulk mills of the same, mill lands, multures, sequels, annexes, connexes, tofts, crofts, parts, pendicles and pertinents of the same; all and whole the lands of Balmedie with the hill called Erlishilloch and lands of Carnetralyeane with the mill of the same, mill lands, multures, sequels, tofts, crofts, parts, pendicles and all their pertinents; all and whole the lands of Bildistoun with the salmon fishings of the same in the Water of Dowe and all their parts, pendicles and pertinents; all and whole the lands of Allachin and Nether Ardmor, with the mill, mill lands, multures, annexes, connexes, tofts, crofts, outsets, parts, pendicles and all their pertinents; all and whole the lands and barony of Grandoun with the tower, fortalice, woods, fishings, mills, annexes, connexes, tenants, tenancies and service of free tenants, parts, pendicles and pertinents of the same whatsoever; all and whole the lands of Presley with the waulk mill of the same and their pertinents; all and whole the lands of Auchmullen and Crabistoun with the pertinents; all and whole the lands and barony of Cancress commonly called Sincress within the parish of King Edward with all and sundry manor places, towers, fortalices, mills, multures, woods, fishings, tofts, crofts, outsets, annexes, connexes, tenants, tenancies and service of free tenants, parts, pendicles and pertinents of the same whatsoever; all and whole the lands of Glasgoforest and Glasgoego, with the woods, mills, multures, fishings, tenants, tenancies, service of free tenants, parts, pendicles and pertinents of the same; all and whole a yearly annualrent of £3 Scots money yearly to be uplifted and taken at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter by equal portions out of all and whole the lands of Kintore with the pertinents; all and whole the lands and barony of Auchterhouse, with castles, manor places, towers, fortalices, mills, multures, woods, fishings, tenants, tenancies and service of free tenants, parts, pendicles and pertinents, with the pendicles thereof respectively following, namely: Halton of Auchterhouse Loch, lands of Eastfield, lands of Cotton, mill of Auchterhouse, lands of Burn, head mains of Auchterhouse, lands of Bonnyton, with all their houses, buildings, tofts, crofts and pertinents which are proper parts and pendicles of the lands and barony of Auchterhouse, and with all and sundry annexes, connexes, parts, pendicles and pertinents of the said barony as well not named as named; all and whole the lands of Wester Keith with the manor place, houses, buildings, mills, multures, woods, fishings, annexes, connexes, tenants, tenancies, service of free tenants, parts, pendicles and pertinents of the same; all and whole the lands and barony of Eassie, with the manor place, tower, fortalice, mills, multures, woods, fishings, annexes, connexes, tenants, tenancies, service of free tenants and pertinents of the same whatsoever, with the lands of Glen Quharity and Halkerton, lands of Castleton, Ingliston, Dearlands and brewlands of Eassie, lands of Baldewgo and new mill of Eassie, which are all proper parts and pendicles of the said lands and barony of Eassie, and with all and sundry other annexes, connexes, parts, pendicles and pertinents of the said lands and barony as well not named as named; all and whole the lands and barony of Nevay with the manor place, tower, fortalice, mills, multures, woods, fishings and all other lands as well upon the south as north parts of the burn of Nevay, with all and sundry tofts, crofts, outsets, annexes, connexes, tenants, tenancies, service of free tenants, parts and pendicles of the said barony of Nevay whatsoever; all and whole the lands and barony of Kettins and Petdownie and lands called the Brodie Lands and Easter Kettins with the pertinents which are proper parts and pendicles of the said lands of Kettins and Petdownie, with the mills, multures, woods, fishings, annexes, connexes, tenants, tenancies, service of free tenants, parts, pendicles and pertinents of the same whatsoever and with all and sundry annexes, connexes, parts, pendicles and pertinents of the said lands of Kettins and Petdownie as well not named as named; all and sundry the lands and barony of Kinalty with the manor place, tower and fortalice of the same, and with the manor place of Queich, houses, buildings, tofts, crofts, mills, multures, woods, fishings, annexes, connexes, tenants, tenancies, service of free tenants, parts, pendicles and pertinents of the same whatsoever, and with the pendicles of the same respectively following, namely: the lands of Nether Kinalty, mill of Kinalty, mill lands and multures of the same lands of Cossakes, Shirresbank, Auchleish, Tursauch, with the salmon fishings and cuningars of the same lands of Torrie lands and Inchewan and lands of Sheinhill with all their houses, buildings, tofts, crofts, outsets and pertinents, which are proper parts and pendicles of the said lands and barony of Kinalty, and all and sundry other annexes, connexes, parts and pendicles of the said barony as well not named as named, all lying within the sheriffdoms of Aberdeen, Banff and Forfar respectively, with the burgh of barony of Doune and all liberties and privileges pertaining thereto, and with the whole houses, buildings, acres, lands infield and outfield and all their pertinents, with all and sundry annualrents wherein his highness's right trusty cousin and councillor John [Erskine], earl of Mar and Mary [Stewart], countess of Mar, his spouse, (upon whose resignation the said charter and infeftment proceeds) stands infeft and seised, to be lifted and taken up out of the said earldom, lordship, baronies, lands and others above-expressed, and with all and sundry castles, towers, fortalices, manor places, houses, buildings, orchards, yards, dovecots, stanks, lochs, meadows, muirs, mosses, woods, forests, parks, fishings, mills, mill lands, multures, tenants, tenancies, service of free tenants, parts and pendicles of the forenamed whole lands, earldom, lordships, baronies and others respectively above-expressed lying respectively as said is; and in like manner of all and whole the advocation, donation and right of patronage of the kirk and parish of Auchterhouse, as well parsonage as vicarage of the same, with all profits pertaining thereto lying within the sheriffdom of Forfar, together with the new gift and disposition contained in the said infeftment, whereby our said sovereign lord has of new given, granted and conveyed to his highness's right trusty cousin James, earl of Buchan and to the said late Dame Mary Douglas, countess of Buchan, his spouse, and to the longest liver of them two in liferent during all the days of their lifetimes, and to his highness's said trusty cousin James, lord Auchterhouse, their son, and the male heirs lawfully to be procreated of his own body, in fee, which failing, to return to his highness's said right trusty cousin James, earl of Buchan, his male heirs and assignees foresaid under the special conditions and with the restrictions, reservations and provisions respectively at length mentioned and contained in the said charter; all and whole the lands and patrimony of the said earldom of Buchan above-mentioned, comprehending in the same the forenamed whole lordships, baronies, lands, castles, towers, fortalices, manor places, office of crownary, burgh of barony, mills, mill lands, multures, woods, fishings and others respectively and particularly above-written, all lying as said is, together with the said advocation, donation and right of patronage of the said kirk and parish of Auchterhouse, as well parsonage as vicarage of the same, with all profits and commodities belonging thereto, with all right, title, interest, claim of right, property and possession, which his highness, his predecessors or successors had has or in any way may have or claim, to the said lands and earldom of Buchan, lordships, lands, baronies and others respectively and particularly above-expressed; or to any piece, pendicle or portion of the same, or to the mails, ferms, kanes, customs, casualties, profits and duties of the same of whatsoever years or terms bygone or to come, by reason of ward, relief, non-entry, escheat, forfeiture, recognition, purpresture, disclamation, bastardy, liferent apprising, reduction of infeftments, sasines and retours or annulling of the same; or for whatsoever other cause, fact, deed or occasion bygone preceding the date of the said charter, whereby his highness has renounced and given over the same, with all action, instance and execution thereof, in favour of his highness's said right trusty cousin James, earl of Buchan and of the said James, lord Auchterhouse, his son, and their foresaids for ever with an agreement not to petition, and with supplement of all faults, defects, objections and imperfections whatsoever as well not named as named which his highness has held as for expressed in the said charter, together also with the new erection contained in the said charter and infeftment, whereby our said sovereign lord has of new united, erected, created, annexed and incorporated all and sundry of the foresaid lands of the patrimony of the said earldom of Buchan, with the whole particular lordships, baronies, lands, castles, towers, fortalices, manor places, office of crownary, mills, mill lands, multures, woods, fishings, and others respectively and particularly above-mentioned, with their whole pertinents in a whole and free earldom, with the whole honours, titles, dignities, pre-eminences, privileges, profits and casualties whatsoever to be called now and in all time coming the earldom of Buchan; to the which earldom there is united by the said infeftment the said advocation, donation and right of patronage of the said kirk and parish of Auchterhouse, parsonage and vicarage thereof, ordaining by the said infeftment the said castle of Banff to be the principal messuage of the said earldom with a dispensation contained therein for taking of sasine at the said castle of Banff, and that sasine taken and to be taken thereat in all time coming shall be a sufficient sasine for the said whole earldom of Buchan and for the whole particular lands, lordships, baronies, castles, towers, fortalices, mills, woods, fishings, annualrents and others respectively and particularly above-mentioned, and that notwithstanding the same lie in diverse sheriffdoms and parishes far distant from others, concerning which and with all others defects and objections which may be proposed or alleged in the contrary, our said sovereign lord for his highness and his successors by the said infeftment has dispensed for ever, all to be held of our said sovereign lord and his highness's successors in fee and heritage for ever for service of ward and relief as in the said charter and infeftment of the date at Edinburgh, 25 November 1625, at more length is contained, together likewise with the precept of sasine directed forth of his highness's chancellery under his majesty's quarter seal upon the said charter and infeftment of the date the said 25 November 1625, together with the instrument of sasine following thereupon of the date the [...] day of [...], 162[...], in all and sundry the heads, points, clauses, articles, circumstances and conditions of the said charter and infeftment, precept and instrument of sasine following thereupon and after the forms and tenors thereof in all points under the special conditions and with the particular reservations, restrictions and provisions respectively at length mentioned and contained in the said charter and infeftment only, and no otherwise. Likewise our said sovereign lord, with advice and consent of the said estates of this present parliament, wills and grants, and for his highness and his successors perpetually decrees and ordains that this present ratification is, and shall be, as valid, sufficient and effectual to his highness's said right trusty cousin James, earl of Buchan and to his highness's said trusty cousin James, lord Auchterhouse, his son, and their foresaids, as if the said charter and infeftment with the said precept of sasine and instrument of sasine following thereupon were herein at length word for word specially and particularly inserted and contained; concerning which, our said sovereign lord, with advice and consent foresaid, for his highness and his successors, has dispensed and by this ratification dispenses for ever.