[1633/6/182]¹

Act in favour of William Lockhart of Carstairs

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 most blessed memory by Sir James Lockhart of Lee, knight, and William Lockhart of Carstairs, his son, and their predecessors, ordain an act to be made ratifying and approving and, for his highness and his successors, perpetually confirming that charter and infeftment granted by a reverend father in God, John [Spottiswood], then archbishop of Glasgow and now of St Andrews, with consent of the dean and chapter of the metropolitan kirk of Glasgow, to the said Sir James, his male heirs and of provision therein mentioned, of the whole lands of the barony of Carstairs, extending to a forty-eight pound land of old extent, mill, mill lands and others therein contained (except that fifty shilling land pertaining to [John Erskine], earl of Mar) to be held of the archbishop of Glasgow in feu ferm, of the date 5 and 12 March 1611, proceeding upon the alienation of the late James Hamilton of Avondale. Item, another charter granted to the said Sir James and his foresaids of the said lands of the barony of Carstairs, mill and others therein contained, except as is before excepted, of the date foresaid of the said former charter by the said archbishop of Glasgow, with consent of the dean and chapter, originally having no relation to any adminicle held feu of the said archbishop of Glasgow and his successors, together with a confirmation passed under the great seal of the said two charters, of the date 2 June 1612. Item, a charter and infeftment granted by a late reverend father in God, James [Law], late archbishop of Glasgow, with consent of the dean and chapter of the cathedral kirk thereof, of the date 5 August 1629, of certain pieces and portions of the said lands of the barony of Carstairs in favour of the said William Lockhart and Marion Hepburn, his spouse, and longer liver of them two in conjunct fee, and their heirs and assignees therein mentioned, and of the whole other lands of the said barony, mill and others therein contained, in favour of the said William and his foresaids, to be held feu as said is, proceeding upon the resignation of the said Sir James, his father. Item, another charter and infeftment granted by the said late archbishop of Glasgow, with consent above-written, containing a new gift therein, of the date the said 5 August 1629, confirming a charter granted by the said Sir James, his father, of certain pieces and portions of the said lands of the barony of Carstairs in favour of the said William Lockhart and Marion Hepburn, his spouse, and longer liver of them two in conjunct fee, and their heirs and assignees mentioned therein, and of the whole other lands of the said barony, mill and others therein contained in favour of the said William and his foresaids, to be held feu as said is, which charter is of the date 22 August 1627. Item, that charter and infeftment under the great seal, of the date 10 September 1614, granted by our late dearest sovereign lord King James VI, of blessed memory, to and in favour of the said Sir James Lockhart and Dame Jean Auchinleck, his spouse, and the longer liver of them two in conjunct fee, and the male heirs lawfully procreated or to have been procreated between them, which failing, his other male heirs and of provision and their assignees mentioned therein, of the advocation, donation and right of patronage of the parish kirk and parish of Carstairs, parsonage and vicarage thereof, and forty penny land of Treipholme whereto the same is annexed, as the said writs and infeftments in themselves more amply purport, which are hereby held as engrossed word for word herein, with the not inserting whereof our said sovereign lord has dispensed, and with advice and consent foresaid dispenses for ever in all and sundry heads, articles, clauses, obligations, points, passes, circumstances and conditions of the same whatsoever specified and contained therein. Likewise our said sovereign lord and estates of this present parliament will, grant and declare, statute and ordain that the said Sir James Lockhart and his spouse during their lifetimes, and the said William Lockhart and his spouse, according to their several rights, their heirs and successors, shall peaceably hold, enjoy and possess the said lands of the barony of Carstairs, mill and pertinents thereof (except before excepted), with the advocation, donation and right of patronage of the said parish kirk and parish of Carstairs, parsonage and vicarage thereof, and lands of Treipholme whereto the same is annexed, at their pleasure in all time coming as their own proper heritage, after the form and tenor of their infeftments thereof particularly above-written, and other writs establishing the right thereof in their authors' and predecessors' persons, without any stop, trouble or impediment whatsoever to be made or moved in the contrary by any person or persons whatsoever, notwithstanding of any defect or infirmity if any be contained in the said infeftments or any of them; concerning which, our said sovereign lord, for his highness and his successors, with advice and consent of the said estates, has dispensed and dispenses for ever; 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 actions and questions whatsoever that can be made or moved in the contrary; ordaining the foresaid act to be registered in the books of parliament to have the strength of a law and statute of parliament in time coming and that execution pass as appropriate, with provision always that this present ratification nor no clause contained therein shall be hurtful or prejudicial to the noble lords James [Hamilton], marquis of Hamilton, William [Douglas], marquis of Douglas, nor to a reverend father in God, Patrick [Lindsay], archbishop of Glasgow, nor to neither of them, their heirs and successors, in their or either of their rights, privileges and infeftments of and concerning the lands and others contained therein, but that the same shall remain with them and their foresaids, and have as great force, strength and effect to all intents and purposes as if the said ratification had never been granted.