[1633/6/175]¹

Act in favour of Sir Richard Murray of Cockpool

Our sovereign lord and estates of this present parliament, having consideration of the true and thankful service done to his majesty and his highness's most noble progenitors of blessed memory by Sir Richard Murray of Cockpool, knight baronet, and his predecessors, ordain an act to be made ratifying and approving and, for his highness and his successors, perpetually confirming that charter and infeftment of feu ferm granted by our late sovereign lord, King James VI, of blessed and eternal memory, under the great seal, of the date at Edinburgh, 15 March 1614, to and in favour of the late Sir James Murray of Cockpool, knight, brother-german to the said Sir Richard, his heirs and assignees whatsoever, of all and sundry the lands and others particularly underwritten, namely: the forty shilling land of Searigg of old extent, with the Forester Meadow possessed for the time by Alexander Cairlell and his subtenants; the half merkland of Howthat, lying within the parish of Mousewald; the two merk land and half merk land of the town and lands of Ruthwell, with the salt-house, sandy ground and house stead thereof; the ten shilling land of Kirkstyle, lying within the said parish; the twenty shilling land of Lochmaben called Lambertlands; and the forty shilling land of Innerfield, lying between the Castlehill and Marjoriebanks, within the parish of Lochmaben, all lying within the stewartry of Annandale and sheriffdom of Dumfries, all united and erected by the said infeftment in a tenancy, called the tenancy of Searigg, with the precept and instrument of sasine following thereupon, together with a decreet of improbation recovered at the instance of his majesty's advocate for the time. And the said late Sir James Murray, before the lords of council and session upon 23 March 1616, against John Carruthers of Howmains, George Carruthers, his son, John Ferguson in Ruthwell, John Paterson there, John Clerk there, Cuthbert Gask in Kirkstyle, John Gask there and Wilkeine Johnston of Elshieshields, determining and ordaining all and sundry pretended infeftments, charters, rentals and other writs particularly and generally mentioned in the said decreet made and granted to the forenamed persons, or any of them, or their late fathers, grandfathers or any other of their predecessors to whom they might succeed by right of blood, of the lands and others particularly above-written or of whatsoever parts or portions thereof, or of whatsoever annualrents or pensions forth thereof by the forenamed persons, their authors and predecessors, or any of them, to make no faith in judgment nor outwith in time coming; together also with the submission and decreet arbitral following thereupon set down between the said Sir Richard on the one part, and Dame Janet Douglas, widow of the said late Sir James, Margaret, Elizabeth and Marion Murray, their lawful daughters, on the other part, of the date 29 June 1621, whereby the said parties submitted them and all lands and heritages which the said daughters as heirs of line to the said late Sir James might claim, pretend or have right to by succession or otherwise, and regarding what sums of money the said Sir Richard should pay to them, therefore to the decision of John [Murray], earl of Annandale etc., then designed John Murray of Lochmaben, as only judge arbitrator commonly chosen by both the said parties, who, by his said decreet arbitral pronounced therein by virtue thereof, and of a prorogation of the same submission granted by the said parties, determined and ordained the said Margaret, Elizabeth and Marion Murray to renounce, convey and give over to and in favour of the said Sir Richard Murray, his male heirs and successors all and sundry lands, baronies, mills, woods, fishings, advocations, donations and right of patronage of the kirks, benefices, chaplainries, tenants, tenancies, service of free tenants, annexes, connexes, parts, pendicles and pertinents of the same, steadings, tacks of lands and teinds, as well parsonage as vicarage, reversions, rooms and possessions whatsoever which pertained to the said late Sir James Murray, their father, the late Charles Murray, their grandfather, or any other of their predecessors to whom they might succeed by right of blood, as the same, containing diverse other heads, set down in favour of the said Sir Richard, of the date 19 November 1622, which, with the said submission and prorogation whereupon the same proceeded, were upon 1 February 1623 registered in the books of council and session, more amply purports. And in like manner that charter and infeftment under the great seal, granted by our said late sovereign lord, King James VI, of blessed memory, in favour of the said late Sir James Murray, his male heirs and assignees whatsoever, of the date 30 January 1607, of all and whole the salmon fishing and other fish within the water of Annan, between the march of Brydekirk and the foot of the said water of Annan running into the water of Solway under the Barnkirk, comprehending the garths² and pools underwritten, namely: the King's Garths, Black Pool, Pool under Gallobank, Brig Pool and Mot Pool, together with all other garths, pools, holds, lakes and nets within the bounds foresaid, lying within the stewartry of Annandale and sheriffdom of Dumfries; as also of all and whole the salmon fishing and other white fish of the banks and coups of Cummertrees, between the burn called the Meirbank of Newby running into the said water of Solway, and the scar called the Brewing Scar pertaining to [James Douglas], lord Torthorwald, comprehending the scars underwritten, namely: the Hall Garth Scar, Little Hall Scar, Duchall Scar, Pow Scar, New Scar and Watt Scar, with all other scars, draughts, holds, lakes and nets within the bounds above-written, lying within the parish of Cummertrees and stewartry foresaid of Annandale, with all and sundry other parts, pendicles, privileges, commodities, easements and righteous pertinents whatsoever pertaining and belonging to the said fishings, with the precept and instrument of sasine following thereupon, together with the service and retour whereby the said Sir Richard is served and retoured male heir to the said late Sir James, his brother, in the said fishings, with the pertinents, with the precept directed forth of the chancellery for infefting of him therein, of the date 2 April 1621, with the instrument of sasine given according thereto; together also with that act of parliament of the date 24 June 1609, ratified to the said late Sir James, his male heirs and assignees the first infeftment above-written granted to him by our said late sovereign lord of the said fishings particularly above-mentioned in all and sundry heads, articles, clauses, obligations, points, passes, circumstances, articles and conditions of the same whatsoever specified and contained therein, dispensing with the generality foresaid, and admitting, determining and declaring the same to be as valid and sufficient in all respects as if every particular charter, infeftment or other written were specially at length word for word inserted herein. Likewise our said sovereign lord and estates of this present parliament will, grant, declare, statute and ordain that the infeftments and other rights particularly and generally above-mentioned, already granted and which are to be obtained by the said Sir Richard and his foresaids from the said heirs of line and others having interest, of the lands, fishings and others above-written, with the pertinents, are and shall be a valid and sufficient heritable right and security to the said Sir Richard Murray, his male heirs and assignees foresaid for holding, enjoying and possessing of the same lands, fishings and others above-written, with the pertinents, peaceably in all time coming, as their own proper heritage, without any stop, trouble or impediment whatsoever to be made or moved in the contrary by any person or persons, notwithstanding of any defect or infirmity (if any be) contained in the said infeftments and writs; concerning which, our said sovereign lord, with advice and consent foresaid, for his highness and his successors, has dispensed and dispenses, ordaining the foresaid act to be a sufficient supplement of all faults and defects (if any be) contained in the said infeftments, and against all action and questions whatsoever that can be made or moved in the contrary; and to be registered in the books of parliament to have the force of a law and statute in all time coming.