[1633/6/159]¹

Act in favour of Master James Nicolson of Cockburnspath

Our sovereign lord, with advice and consent of the three estates of this present parliament, by this act ratifies and approves the precept of sasine granted by William [Douglas], earl of Angus etc., commissioners for the time, for infefting of Master James Nicolson, now of Cockburnspath, in all and whole the lands, lordship and barony of Cockburnspath, with the tower, fortalice, houses, buildings, town, mains, copses, woods, mills, multures, fishings, coals, coal pits, salt-pans built and to be built thereupon, parts, pendicles and whole pertinents of them, together with the lands of Bowshiel, Paddokcleuch, Rawchinsyde and Tourly, with all and sundry outshots, parts, pendicles and whole pertinents of the same, annexes, connexes, tenants, tenancies, service of free tenants thereof and all their pertinents, lying within the sheriffdom of Berwick, as heir to the late Master Thomas Nicolson of Cockburnspath, commissioner of Aberdeen, his father, of the date 28 and 29 October 1625, with the instrument of sasine following thereupon. And also the charter of alienation of the lands and others foresaid made by John Arnott of Cockburnspath and James Arnott, merchant burgess of Edinburgh, his father, to the said late Master Thomas Nicolson, his heirs and assignees, of the lands and others above-specified, to be held of the said William, earl of Angus, of the date 30 August 1621, and the precept of sasine therein contained and instrument of sasine following thereupon. And the charter of confirmation made by the said William, earl of Angus, of the date 30 August 1625, confirming the charter of alienation above-specified. As also the charter of alienation made by the late William Arnott of Cockburnspath to the said John Arnott, his son, and Margaret Craig, his spouse, of the lands and others above-specified, under the reservations and restrictions therein mentioned, to be held of the said earl of Angus, dated 26 May 1612, the instrument of sasine following thereupon, of the date foresaid of the same charter, and the confirmation of the charter of alienation immediately above-mentioned made by the said earl of Angus, dated 26 March 1616. And in like manner the charter of alienation of the lands and others foresaid made by James [Douglas], lord Torthorwald, and Elizabeth Gordon, his spouse, to the said late William Arnott, to be held of the earl of Angus for the time, dated 18 April 1609, and the precept of sasine contained therein, and instrument of sasine following thereupon, and the confirmation of the charter of alienation immediately above-mentioned made by the earl of Angus's commissioners, dated 3 June 1609. The charter of alienation of the lands and others foresaid made by the late James Douglas of Torthorwald to the said James, lord Torthorwald, then designed James Douglas, his son, and the said Elizabeth Gordon, his spouse, to be held of the earl of Angus, dated 18 July 1604, and precept of sasine contained therein, and instrument of sasine following thereupon, and the confirmation thereof granted by the said William, now earl of Angus. As also the charter granted by Archibald [Douglas], earl of Angus, to the said late James Douglas of Torthorwald of the lands and others foresaid, to be held of the said earl of Angus, of the date 6 February 1587, and the precept of sasine therein contained, and instrument of sasine following thereupon. And the charter granted by the late King James V to the late Archibald [Douglas], earl of Angus, his heirs and assignees specified therein, of the said lands, lordship and barony of Cockburnspath, to be held of his majesty, of the date the [...] day of [...] 15[...], with the precept and instrument of sasine following thereupon. And in like manner the tack and assedation set by the late Dame Elizabeth Home, prioress of the abbacy of St Bathans, for herself and as commissioner for the late Adam [Cuming], commendator of Beauly, her spouse, and having power of him to intromit with and uplift all and sundry the fruits, rents, teinds and duties of the said prioress of St Bathans, and to set tacks long or short thereof and convey thereupon at her pleasure, of the date 27 July 1613, whereby she set in tack and assedation to the late Alexander [Home], earl of Home, his heirs and assignees therein mentioned, for the whole space of three lifetimes and three 19 years therein expressed, all and whole the teind sheaves of the towns, lands and mains of Cockburnspath and certain other lands therein expressed, lying within the parish of Cockburnspath and the said sheriffdom of Berwick, for payment of the yearly duty therein mentioned, in so far as the same tack and right thereof is assigned to the said Master James Nicolson in manner after-mentioned. Together with the contract passed between Mary [Sutton], countess of Home, and the late James [Home], earl of Home, her son, male heir of the said late Alexander, earl of Home, tacksman foresaid, both with one consent and assent, on the one part, and the said Master James Nicolson of Cockburnspath on the other part, of the date 25 June 1631, whereby the said countess and the late earl of Home made and constituted the said Master James Nicolson and his heirs cessioners and assignees in and to the foresaid teind sheaves of the said lands and mains of Cockburnspath, Chapelhill and Rawchinsyd, with all and sundry their outsets, annexes, connexes, parts, pendicles and pertinents thereof whatsoever of the crops and years of God 1630 and 1631, and of all years and crops thereafter during the lifetime, years and spaces contained in the foresaid tack and assedation to run, and in and to the same tack, clauses of warrandice therein contained and all other conditions, heads, articles and clauses specified therein conceived and set down or that may be interpreted in favour of the said late James, earl of Home, and all action, instance and execution competent or that may be competent to the said late James, earl of Home, his said mother or either of them, their heirs or assignees, by virtue thereof in all and sundry points, articles and clauses therein contained, after the forms and tenors thereof, and wills, declares, statutes and ordains that this present ratification of the same is and shall be as valid, effectual and sufficient in all respects as if the same were at length and word by word inserted therein, dispensing hereby with the not inserting thereof. And further his majesty, with advice and consent foresaid, decrees, declares and ordains that the said Master James Nicolson and his foresaids shall peaceably possess and enjoy the lands and others above-specified pertaining to him heritably as said is perpetually in all time coming, and the teinds foresaid during the whole lifetimes, years and spaces contained in the said tack and assedation thereof above-specified, according to the charters, precepts, sasines, confirmations, tacks and assedations thereto above-mentioned; and that notwithstanding of any restitution of any persons heretofore forfeited or yet by the forfeiture led and deduced against any superiors of the said lands or by any other laws, constitutions, revocations, dissolution or acts of parliament whatsoever whereby the said Master James or his authors' rights of the lands, teinds and others foresaid may be quarrelled or called in question, which his majesty, with advice and consent foresaid, holds here as expressed; and that this generality thereof shall be as sufficient as if every act, constitution, dissolution, forfeiture, restitution or revocation were herein expressed, and a special reservation and exception of the said John Arnott's rights of the lands and others above-specified excepted and reserved therein, discharging his majesty's treasurer, comptroller, advocate or any other having power or right of his majesty to quarrel, trouble or molest the said Master James Nicolson or his foresaids in the peaceable possessing and enjoying of the lands, teinds and others above-specified and every part thereof for any cause bygone. Whereof his highness, with advice foresaid, has declared and declares this present act to be a sufficient supplement of all faults, as well as if provisions and remedies necessary were specially mentioned and expressed herein, ordaining this act to be a sufficient warrant to the clerk register and his deputes for extending of an act of parliament hereupon in due and competent form.