The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 28 March 2024
[1641/8/278]1
Ratification to James Sinclair of Scalloway
Our sovereign lord and estates of parliament ratify and approve to and in favour of James Sinclair of Scalloway, his heirs and assignees the charter made and granted by his highness's late dearest father of worthy memory to the late William Sinclair of Uyea, youngest of the three sons of the late Oliver Sinclair of Brew, his heirs and assignees heritably, of all and sundry the lands underwritten2, namely: the lands of Tagon, Kirkhouse, Grobsness, Clovagarth, Binstay, Wethersta, Husda, Burrafirth, Lunning, Grmiziefirth, Dury, Vidlin, Skerries, Neap, Sandsoull, Cloudoun, Sandwick, Westerhouse, Shawe, Symbister, Brutes, Busta, Whalsay, Aywick, Houlland, Papil, Gremista, Kirkabister, Gossabrough, Sandwick in West Yell, Bixter, Sellafirth, Guitshoir, Easter Garth, Rasfirrd, Skaw, Wtterskaw, Underhoull, Bound, Colvister, Sclaten, Ramnagoe, Ballista, Gunziasetter, Underhouse, Boddam, Dale, Sandwick, Crossbister, Underhoull, Wenstricke, Mulla, Scowlay, Still, Midgarth, Papil, Torvell, Garth, Cloudoun, Setter, Houstaine, Clovocasetter, Vezea, Balta, Southerhouse, Russetter, Houbie, Tostinstrand, Wadbister, Aith, Clate, Girlsta, Chaildernes, Dale, Houlland, Burraland, Easterhouse, Storniefirth, Haggersta, Northmuscoise, Southmuscoise, Tumblin, Sand, Olnafirth, Rerwick and others mentioned in the said charter, extending to the particular merk lands enumerated in the said charter, having the other special designations mentioned therein, with all and sundry their parts, pendicles and pertinents lying within the parishes of Delting, Nesting, Louhairsay, Yell, Unst, Fetlar, Whiteness, Weisdale, Aithsting, Sandsting and Dunrossness, within the sheriffdom of Orkney and foudery of Shetland, which lands pertained of before to the said late William Sinclair heritably by the rate and laudable use of the said country of Orkney and Shetland and of new conveyed to him by the said charter, as being in his majesty's hands as superior of the said country in manner specified in the said charter, which is of the date 5 March 1578. And also ratifying and approving the charter granted by our sovereign lord that now reigns, with advice and consent of his highness's treasurers, comptrollers and collectors principal and depute and other lords, his highness's commissioners, to the said James Sinclair of Scalloway, his heirs and assignees whatsoever heritably, of all and sundry the said lands and others contained in the said former charter, which pertained of before to the said William Sinclair of Uyea, and which were lawfully apprised at the instance of the said James Sinclair from Francis Sinclair of Uyea, as son and lawfully and specially charged to enter heir to the said late William Sinclair, his father, according to the act of parliament, in payment and satisfaction of certain sums of money due by the said Francis to him in manner specified in the apprising deduced thereupon and as is mentioned in the said charter, containing a union of the said lands and others contained therein in a whole and free tenancy called the tenancy of Uyea, in manner and to the effect mentioned in the said charter, which is under his highness's great seal of the date 6 March 1627. As also ratify and approve the letter of tack made by the late James Hay, vicar of Unst, with advice of the bishop of Orkney for the time, provost, canon and chapter of the said kirk to the late Arthur Sinclair of Aith and Margaret Colville, his spouse, parents of the said James, the longest liver of the two, and to their heirs mentioned therein during an heir's lifetime and for the space of nineteen years thereafter, of all and whole the vicarage of Unst and other teinds specified therein belonging to the said vicarage used and wont for the yearly payment of £120, with the exception and reservation contained in the said tack, which tack is of the date 3 and 30 April 1587; and the letters of disposition made by the said late Arthur Sinclair of Aith and Margaret Colville, his spouse, with consent of the late Laurence Sinclair, their eldest lawful son and apparent heir to the said James Sinclair of the said tack, of the date 14 August 1611 and 1 September 1612, with the decreet accordingly obtained thereupon. As also ratify and approve the charter of confirmation granted by his majesty's late father of worthy memory under the great seal of the date 17 October 1600, thereby ratifying and approving and for his highness's and his successors perpetually confirming the charter made and granted by the late Patrick Cheyne of Esslemont to the said late Arthur Sinclair of Aith, his heirs and assignees of certain lands contained therein, lying within the parish of Tingwall and lordship of Shetland, in the firm land as for the principal, and in special warrandice thereof, of all and whole two plough gates of land of the town and lands of Tarty, with the pertinents, lying within the parish of Logie Buchan and sheriffdom of Aberdeen, and the charter and disposition made by the said late Arthur Sinclair of Aith to the said James Sinclair, his heirs and assignees of the said lands above-written, principal and warrandice, conveyed to him by the said late Patrick Cheyne in manner specified in the said charter and disposition, which is of the date 11 August 1606, with the whole precepts and sasines following upon the said charters and each one of them. As also ratify and approve the other right and disposition made by the late Patrick [Stewart], earl of Orkney to the said late Arthur Sinclair, his heirs and assignees, of all and whole the lands of Flugarth, Sandavo, Seller, Burravoe and Scalloway, and their pertinents, lying within the parishes of Northmavine and Tingwall within the said country and foudery of Shetland and sheriffdom of Orkney and Shetland, for and in exchange of the lands and isle of Trondra pertaining of before to the said late Arthur Sinclair in udal, and conveyed by him to the said late Earl of Orkney, together with the right and disposition of the same made by the said late Arthur to the said James Sinclair and his heirs. And also ratify and approve all other infeftments, rights, titles and securities made and granted by whatsoever person or persons to the said James Sinclair and his foresaids of whatsoever lands and possessions lying within the parishes of Tingwall, Cunningsburgh, Whiteness, Weisdale, Aithsting, Sandsting, Northmavine, the isle and parish of Yell and isle and parish of Unst of whatsoever dates, tenor or contents the same be of in all and sundry the heads, points, clauses, articles, circumstances and conditions contained therein and after the forms and tenors thereof in all points. And our said sovereign lord, with advice and consent foresaid, wills and grants and, for his highness and his successors, decrees and ordains that this present ratification of the said rights specially and generally above-written is and shall be as effectual and sufficient and of as great force, strength and effect to the said James Sinclair, his heirs and assignees for possessing of the foresaid lands, teinds and others above-written, according to the foresaid rights, as if the said whole writs were all at length and expressly word for word herein specially expressed, engrossed and inserted, notwithstanding that the same be not so done, concerning which, and with all other defects and imperfections which may be proposed or alleged against the said rights or any of them and validity of the same, or this present ratification thereof, our said sovereign lord and estates of parliament have dispensed and by this ratification dispense for ever, and find and declare the said writs and evidents to be good rights whereby the said James and his foresaids may possess the said lands and vicarage teinds contained therein, according to the tenors of the said rights and to the laws of this realm in time coming.
- NAS, PA2/22, f.218r-219v.
- Various lands are stated more than once in the list, for example 'Sandwick', 'Houlland', 'Underhoull', 'Papil', 'Cloudoun' and 'Dale'.