[1633/6/97]¹

Act in favour of [Archibald Napier], lord Napier

Our sovereign lord and estates of this present parliament ordain a ratification to be made therein to and in favour of Archibald, lord Napier of Merchiston, ratifying and approving and, for his highness and his successors, perpetually confirming the decreet of valuation given at Holyroodhouse, 21 March 1628, by the commissioners nominated by the king's majesty for the treaty regarding the erections, surrenders and teinds, whereby the said commissioners validate and estimate the said Lord Napier's lands underwritten to be worth yearly in constant rent in stock and teind as follows, namely: the lands of Mayresyde to be worth yearly in constant rent in stock and teind five chalders, five bolls of barley and wheat; the lands of Gorgiemuir to be worth yearly in constant rent in stock and teind six chalders of barley; and the 33 acres of land possessed by William Hogg and Thomas Fairholm to be worth in constant rent yearly in stock and teind three chalders and eight bolls of barley; the lands possessed by Helen Tok, John Stevenson and John Jobe to be worth yearly in constant rent in stock and teind 20 bolls of barley; and the 46 acres of land occupied by John Brown to be worth yearly in constant rent in stock and teind four chalders, 12 bolls of barley; and the lands of Tipperline to be worth yearly in constant rent in stock and teind three chalders, eight bolls of barley; and the portion of the mains of Merchiston possessed by the said Lord Napier himself to be worth yearly in constant rent in stock and teind eight chalders of barley; and accordingly the whole lands of Merchiston to be worth yearly in constant rent in stock and teind 32 chalders of victual of the kinds above-written in manner specified in the said decreet, as the same in itself at more length bears; and also the decreet given by his highness's exchequer of Scotland upon 19 June 1632, proceeding upon a suspension obtained at the instance of the said Archibald, lord Napier of Merchiston, against his highness's principal treasurer, depute treasurer and their deputes having their power to receive the annuity of the teinds after-specified and their charges whereby they were charged for payment of the annuity of the teinds of the said lands therein mentioned yearly, the years of God 1628, 1629, 1630 and 1631, extending in the whole the said four years to the sum of £167 2s, by the which decreet the said lords of exchequer found the said letters raised at the instance of the said treasurers principal and depute against the said Lord Napier in the said matter to be orderly proceeded, and ordained the said sum of £167 2s consigned as the annuity of the said teinds the said years to be delivered up to William Butter, receiver of the annuity of the said teinds, in the said treasurers' names, upon a sufficient discharge, in recompense whereof the said lords ordained the said Lord Napier to have retention in his own hand of so much of the tack duty of £14 4s payable by him to John [Bothwell], lord Holyroodhouse for the said teinds of the crop and year of God 1631, as may be equivalent and answerable to the annuity thereof for the said four crops and years of God above-specified, for the reasons and causes contained in the said decreet, as the same also bears, in all and sundry the heads, points, clauses, articles, circumstances and conditions therein contained, and after the forms and tenors thereof in all points. And our said sovereign lord and estates of parliament will and grant, decree and ordain that this present ratification of the said decreets and either of them is and shall be of as great force, strength and effect to the said Lord Napier, his heirs and successors as if the said two decreets were all at length specially and particularly ratified, inserted and contained word for word in this present ratification; concerning which, our said sovereign lord and estates of parliament have dispensed and by this act dispense for ever.