[1641/8/307]¹

Ratification in favour of [Sir Alexander Foulis], laird of Colinton

Our sovereign lord, with advice and consent 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 highness's late dearest father, under his highness's great seal, of the date 30 March 1619, to his highness's beloved Sir Alexander Foulis, fiar of Colinton, knight, designed by the said charter Alexander Foulis, son lawful and apparent heir to Sir James Foulis of Colinton, knight, who is now deceased, and Dame Elizabeth Hepburn, younger, widow of the late Sir John Stewart of Ardmaleish, knight, sheriff of Bute, and then future and now present spouse to the said Sir Alexander, and to the longest liver of the two, in conjunct fee, and to the male heirs then lawfully to have been procreated between them, which failing to the said Sir Alexander, his male heirs and assignees whatsoever, of all and whole the lands and barony of Colinton lying within the sheriffdom of Edinburgh, comprehending all and sundry the lands, annualrent, teinds, teind sheaves, as well parsonage as vicarage, of the lands of Colinton and Oxgangs and vicarage of Hailes, and of all and sundry the teind sheaves of the town and lands of Craiglockhart, with mills, as well corn mills as waulk mills, and all others mentioned and contained in the said charter; as likewise another charter made and granted by his majesty, with advice and consent of his highness's treasurer, comptroller and collector general of his majesty's new augmentations and others expressed therein to the said late Sir James Foulis of Colinton, knight, in liferent for all the days of his lifetime, and to the said Sir Alexander Foulis, younger, of Colinton, his eldest son, his heirs and assignees whatsoever heritably of all and sundry the teind sheaves of all and sundry the town and lands of Craiglockhart, with tofts, crofts, outsets, parts, pendicles, and pertinents thereof, of old united to the parish of St Cuthbert's and now to the parish of Hailes, within the sheriffdom of Edinburgh, which charter is of the date 31 July 1633; as also a letter of disposition made and granted by a noble and potent earl John [Stewart], earl of Traquair, lord Linton and Caberston, high treasurer, comptroller and treasurer of his majesty's new augmentations, with advice of certain commissioners appointed by his majesty, subscribers of the said disposition, to the said Sir Alexander Foulis of Colinton, his heirs and assignees, of all and sundry the annuities due to his majesty in any manner of way out of the teinds of the lands of Colinton, with the four acres of land belonging to the corn mill thereof, the brae lying to the waulk mill of the same estimated to an acre of land, lands of Oxgangs and Beales², portion of Bonaly, lands of Dreghorn, that part of the lands of Swanston and lands of Craiglockhart, all lying with the said parish of Hailes and sheriffdom of Edinburgh, and that as well of all years and crops then bygone as in all time coming thereafter, which disposition is of the date at Edinburgh, 29 July 1636, registered in the books of exchequer upon 20 July; and in like manner an act of secret council of the date 3 July 1634, whereby the lords of secret council have found and declared the benefice of the preceptory of St Anthony's to have been of long time bygone and to be in all time coming suppressed and extinct, and have ordained the gift of the said preceptory granted by his majesty to Master William Wishart, then parson of Restalrig, with the signature and warrant thereof to be cancelled and deleted out of the register wherein the same is inserted, and that no gift of the said preceptory be granted or passed to or in favour of any person whatsoever in time thereafter in manner and for the cause expressed in the said act, as in the said two charters, letter of disposition and act of council respectively at more length is contained, in all and sundry heads, articles and clauses thereof whatsoever, and all that has followed or may follow thereupon. Moreover, our said sovereign lord, with advice and consent foresaid, decrees and ordains that the foresaid rights and securities now ratified and approved shall be good and valid rights to the said Sir Alexander Foulis and Dame Elizabeth Hepburn, his spouse, and to their heirs, assignees and successors whatsoever, for possessing and enjoying of the lands, teinds, mills, multures and others mentioned therein at their pleasure perpetually and in all time coming according to the said rights hereby ratified in all points, and declares this present ratification thereof to be as sufficient as if the same were word by word inserted herein; concerning which, our said sovereign, with consent of the estates of parliament, has dispensed and hereby dispenses for ever.