[1633/6/190]¹

Act in favour of Alexander Cunningham of Barns

Our sovereign lord, with advice and consent of the three estates of this present parliament, by this act ratifies and approves the letter of confirmation made and granted by his majesty under his highness's great seal, of the date at Hampton Court, 25 October 1630, containing a ratification and confirmation made by his majesty of a contract and appointment passed between John [Lindsay], lord Lindsay, patron of the parish kirk and parish of Crail and as general tacksman of the teinds, parsonage and vicarage, lying within the said parish kirk and parish, with consent of his curators therein nominated, on the one part, and Alexander Cunningham of West Barns and John Cunningham, fiar thereof, his son, on the other part, of the date 8 March 1630, regarding the alienation and disposition made by the said John, lord Lindsay, with consent of his said curators, to the said Alexander Cunningham in liferent, and to the said John Cunningham, his son, his heirs and successors, heritors of the lands of West Barns, lying within the parish of Crail and sheriffdom of Fife, of all and sundry the teind sheaves and parsonage teinds of the said lands and barony of West Barns, with their pertinents lying as said is, and regarding the assignation and translation in their favour of his and his predecessors' tacks, titles and securities of the said teinds mentioned in the said contract; and by the which letter of confirmation his majesty not only promised in his highness's next parliament to ratify the said tacks, rights and securities made in favour of the said John, lord Lindsay, his predecessors and authors of the teinds, parsonage and vicarage, of the said parish and the said assignation, alienation and disposition, right and security contained in the said contract made by the said John, lord Lindsay, in favour of the said Alexander Cunningham, his said son and his foresaids, and the possession apprehended by them by virtue thereof, but also to give as much more security and right to the said Alexander Cunningham, his said son and his foresaids, of the teinds, parsonage and vicarage, of the said lands and barony of West Barns, whereby they may peaceably hold, enjoy and possess the same teinds as their proper heritage in all time coming, without perturbation, obstacle or impediment to be made to them therein by his majesty, his successors or any other of his highness's subjects, and without any other impositions or exactions to be exacted by his majesty or his successors than his majesty's annuities and impositions for pious uses as his majesty or his successors should grant and make to any others his majesty's subjects, heritable proprietors of whatsoever other lands and baronies within this realm, in all and sundry points, heads, articles and clauses contained in the foresaid letter of confirmation after the form and tenor thereof; and wills, declares, statutes and ordains that this present ratification of the foresaid letter of confirmation is, and shall be, as good and sufficient in all respects as if the same were at length inserted herein, dispensing hereby with the not inserting thereof in this present ratification. And also his majesty, with advice and consent foresaid, finds, declares, statutes and ordains that the foresaid contract and letter of confirmation thereof above-mentioned and this present ratification thereof are and shall be sufficient, valid and lawful rights and securities to the said Alexander Cunningham, his said son and his foresaids, for the peaceable possessing and enjoying of the foresaid teinds, parsonage and vicarage, of the said lands and barony of West Barns perpetually in all time coming according to the said contract and letter of confirmation foresaid following thereupon, 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, with provision always that this present ratification shall in no way prejudice a reverend father in God, John [Spottiswood], archbishop of St Andrews, nor his successors, of the rights and infeftments which he or they have or may have thereto, but that the same shall remain with them as of before notwithstanding of the said ratification.