[1633/6/194]¹

Act in favour of Sir John Auchmuty of Gosford

Our sovereign lord, with advice of the estates of this present parliament, has ratified and approved and, by the tenor hereof, ratifies and approves the charter and infeftment granted by his majesty's late dearest father, King James, of most worthy memory, to his highness's beloved John Auchmuty of Scougall, now styled Sir John Auchmuty of Gosford, knight, one of his majesty's late dearest father's bedchamber for the time, his heirs and assignees whatsoever, of all and whole the lands of Gosford, with the mill, tower, fortalice, manor places, houses, buildings, yards, orchards, dovecot, links, parts, pendicles and all their pertinents, erected in a whole and free barony called the barony of Gosford, lying within the sheriffdom of Edinburgh and constabulary of Haddington, proceeding upon the resignation of the late Alexander Acheson of Gosford, Elizabeth Douglas, his spouse, and of Alexander, William and Patrick Acheson, their sons, with advice and consent of Sir John Home of North Berwick, knight, and of William Douglas of Bonjedward, for their right and interest, to be held of his majesty and his successors in feu ferm and heritage, containing a new disposition of the said lands and mill to the said Sir John and his foresaids and erection of the same in a barony, called the barony of Gosford, as the said charter and infeftment under his majesty's great seal, of the date at Greenwich, 29 June 1632, at more length purports, together with the instrument of sasine following thereupon. And also his majesty, with advice of the said estates, has ratified and approved and, by this act, ratifies and approves the charter and infeftment granted by his majesty's self after his highness's lawful and perfect age of 25 years complete, and all his majesty's revocations, both special and general, to the said Sir John Auchmuty of Gosford, knight, gentleman of his majesty's privy chamber and master of his highness's wardrobe of the kingdom of Scotland, his heirs and assignees whatsoever heritably, of all and whole the said lands and barony of Gosford, comprehending therein all and whole the said lands of Gosford, with the mill, tower, fortalice, manor places, houses, buildings, yards, orchards, dovecot, links, parts, pendicles and all their pertinents lying as said is, proceeding upon the resignation of the said Sir John Auchmuty himself in his own favour; and containing also a new disposition of the same lands and barony to the said Sir John and his foresaids, with a new erection of the same in a whole and free barony, called the barony of Gosford, to be held of his majesty and his successors likewise in feu ferm and heritage for the yearly payment to them of the feu duties contained in the said infeftment; and containing also a ratification and confirmation of the original charter and infeftment of feu ferm granted by the late King James II under his great seal to the late Thomas Sinclair and the late Mirabill Dalrymple, his spouse, who was daughter to the late John Dalrymple, merchant for the time, to the said the late King James II, their heirs and assignees specified therein, of the said lands of Gosford and mill thereof, with their pertinents, to be held of the said late King James II and his successors in feu ferm and heritage, of the date at Stirling, 28 January 1458, with certain other charters, infeftments, sasines and retours made to the said Sir John Auchmuty and his predecessors and authors of the said lands and mill specially set down in the said infeftment granted by his majesty's self to the said Sir John, as in the same infeftment, containing the said confirmation, under his majesty's great seal of the date at Theobalds, 15 July 1630, at more length is contained, together with the instrument of sasine following thereupon, together also with the said original infeftment of feu ferm and all other charters, infeftments, sasines and retours of the said lands of Gosford and mill thereof, specially mentioned and set down in the said last infeftment and charter granted by his majesty's self to the said Sir John and his foresaids of the date above-written, in the whole heads, articles, clauses, conditions and circumstances whatsoever specified and contained in the said two charters and infeftments and instruments of sasine following thereupon and other charters, infeftments, sasines and retours therein expressed, with all that has followed or may follow upon the same. And his majesty and estates foresaid will and grant and, for them and their successors, declare, decree and ordain that the foresaid two charters and infeftments and sasines following thereupon, and other charters, infeftments, sasines and retours therein contained, with this present ratification thereof, are and shall be good, valid and sufficient rights and securities to the said Sir John Auchmuty, his heirs and assignees, for possessing and enjoying of the said lands and barony of Gosford, mill thereof, tower, fortalice, manor places, houses, buildings, yards, orchards, links, parts, pendicles and all their pertinents, with the whole privilege and liberty of the said barony perpetually in all time coming, as their proper heritage, without stop or impediment; and also that this present ratification and generality hereof shall be as valid, effectual and sufficient to the said Sir John and his foresaids for that effect, as if the said charters and infeftments and sasines following thereupon, and all other charters, sasines, retours and other rights foresaid, were at length word by word inserted herein, regarding the which and generality thereof, and with all other objections and imperfections, if any be, which may be opposed or alleged against the validity or invalidity of the same infeftments, sasines, retours and other rights foresaid, his majesty and estates foresaid have dispensed and dispense by this act. And further, his majesty and estates, considering the good, true and thankful service done by the said Sir John Auchmuty, now master of his highness's said wardrobe of the said kingdom of Scotland, continually since his youth, not only to his majesty's said late dearest father of most worthy memory during his lifetime, but also to his majesty's self continually, since whereof his majesty has good proof and experience, and being most willing that the said Sir John and his foresaids shall possess and enjoy the said lands and barony of Gosford, mill and dovecot thereof, with their pertinents, as their own proper heritage perpetually in all time coming, without stop or impediment, and be sufficiently secured therein, therefore, and for his further and better security of the same, his majesty and estates foresaid of this present parliament have dissolved and, by this act, dissolve from his highness's crown all and whole the said lands and barony of Gosford, with the mill thereof, tower, fortalice, manor place, houses, buildings, yards, dovecot, links, parts, pendicles and pertinents thereof, being a part of his majesty's property, to the effect the said Sir John and his foresaids may hold, possess and enjoy the same of his majesty in feu ferm for payment of the feu duties contained in the said infeftments thereof. And declares that the said infeftment of feu ferm granted by his majesty's self to the said Sir John Auchmuty and his foresaids of the said lands of Gosford, and erection of the same in a barony for payment of the yearly feu duties contained therein, of the date the said 15 July 1630, with the said instrument of sasine following thereupon, shall stand to the said Sir John and his foresaids as a sufficient infeftment of feu ferm and shall be as valid and effectual to them for possessing and enjoying of the said lands and barony as if the same had been granted to them after his majesty's dissolution thereof in parliament, and as if the same were specially excepted and reserved out of his highness's revocation, or otherwise that it shall be lawful to his majesty to set the said lands of Gosford, with the mill, dovecot, tower, fortalice, manor places, houses, buildings, yards, orchards, links, parts, pendicles and all their pertinents of new in feu ferm, and to erect the same of new in a barony to the said Sir John and his foresaids for payment of the old feu ferm duties thereof contained in his said infeftments, with augmentation of his highness's rental, and that for the said Sir John and his foresaids further and better security thereof as they shall think expedient.