[1641/8/406]¹

Ratification in favour of [George MacKenzie], earl of Seaforth of his infeftment of Lewis, with a dissolution

Our sovereign lord and estates of parliament ratify and approve to and in favour of his highness's right trusty cousin and councillor George, earl of Seaforth, lord MacKenzie of Kintail, the charter and infeftment made and granted by our sovereign lord, with advice and consent of his highness's treasurers, comptrollers and collectors or treasurers of his highness's new augmentations of this kingdom, principal and depute named therein, and of the other lords of his highness's exchequer of Scotland, his highness's commissioners, to the said George, earl of Seaforth, his male heirs and assignees whatsoever heritably, of all and whole the lands and barony of Lewis, comprehending the lands and isle of Lewis, as well the castle of Stornoway and twenty merk land next adjacent thereto, as the other lands of the said isle of Lewis and the lands and isles of Rona-Lewis, Ilandshant, Great Bernera, Little Bernera, Island Flannes and the two Cuninges Islands, with all their parts, pendicles and pertinents, and with all and sundry castles, towers, fortalices, woods, mills, fishings, as well salmon fishings as other fishings, as well in fresh as salt waters, annexes, connexes, dependencies, tenants, tenancies, service of free tenants, advocations, donations and rights of patronages of benefices, kirks and chaplainries, parts, pendicles and pertinents whatsoever of all and sundry the said lands and others above-written; together with all and sundry mines, metals and minerals of whatsoever kind and quality (gold and silver only excepted) to be found, won and got in all and sundry the bounds of the isles and lands above-written, and within any part or parts of the same, all lying within the sheriffdom of Inverness (reserving always to his highness and his successors the town of Stornoway and burgh of barony thereof, with the said castle of Stornoway and harbour and port thereof, with as much of the lands and territory of Stornoway as shall be sufficient for the general society and fishings and accommodation thereof lying about and contiguous to the said town of Stornoway and that within the particular bounds, meiths and marches underwritten, namely: with the bounds lying about the present town of Stornoway on every part for making of plantation and accommodation of houses and yards for planters, together with pasturage, fuel and foggage in the grounds nearest adjacent to the said town of Stornoway, as it shall please his highness and his successors for the good of the said association and plantation to decree and declare to be used and applied by his majesty and his successors, for the accommodation and association of the said fishings in the seas upon the north and south parts of the said kingdom of Scotland and to be erected by our said sovereign lord in a free burgh royal for reducing of the inhabitants of the said isle of Lewis to civility, and for increase of policy within the same isle or otherwise to be used and conveyed upon at his majesty's pleasure), and that upon the resignation of the said George, earl of Seaforth himself, to whom the same pertained heritably of before, held of his majesty, and for fulfilling of a part of a clause contained in a contract mentioned in the said charter made between his majesty, with consent foresaid, on the one part, and the said George, earl of Seaforth on the other part, regarding his majesty's granting of the said infeftment to him and his foresaids thereupon in manner contained therein; and the new gift and disposition mentioned therein and union, erection, creation and incorporation of all and sundry the said lands, barony, woods, fishings, patronages, mines, minerals, ports, havens, harbours and others above-written with all their parts, pendicles and pertinents above-mentioned (reserving and excepting as is before reserved and excepted) in a whole and free barony, to be called the barony of Lewis in time coming; and the ordinance and dispensation contained therein for taking of sasine in all time coming at the said castle of Stornoway or upon any other part of the said lands above-written, to stand and be sufficient for the whole in manner specified in the said charter, to be held of our said sovereign lord and his highness's successors in feu ferm, free heritage and free barony forever, for yearly payment of the sum of £2,000 usual money of Scotland at two usual terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions in name of feu ferm, without doubling of the said feu ferm duty at the entry of the heir to the said lands and others foresaid in manner specified in the said charter, which is under his majesty's great seal of the date 13 March 1637; and the said contract mentioned in the said charter made between his majesty on the one part, and the said George, earl of Seaforth on the other part, of the date at Theobalds and Edinburgh, [...] October 1636 and the said 13 March 1637, regarding his majesty's granting and passing of the said infeftment to the said George, earl of Seaforth and his foresaids in manner contained therein, and his procuratory and instrument of resignation mentioned in the said contract (upon and according to the which contract and resignation the said charter proceeded and was granted), and the precept of sasine and instruments of sasine following upon the said charter, of whatsoever dates, tenors or contents the said procuratory and instrument of resignation, precept and sasine be of and bear, in all and sundry the heads, points, articles, circumstances and conditions contained therein, and after the forms and tenors thereof in all points. And our said sovereign lord and estates of parliament will, grant, decree and ordain that this present ratification is and shall be as effectual and sufficient and of as great strength, force and effect to the said George, earl of Seaforth, his male heirs and assignees foresaid for possessing of the said lands, barony and others above-written, contained in the said rights, with their pertinents, heritably and perpetually, in all time coming as if the said charter contract, procuratory and instrument of resignation whereon the same proceeded, precept and sasine following thereupon were all at length word for word inserted, engrossed and contained in this present ratification, notwithstanding the same be not so done; concerning which, and with all other defects and imperfections and objections whatsoever which may be in any way proposed or alleged against the said rights or any of them and validities thereof, or this present ratification of the same, our said sovereign lord and estates of parliament have dispensed and by this ratification dispense for ever. And also our said sovereign lord, according to his obligation contained in the said contract thereby made to the effect underwritten, with advice and consent of the said estates of parliament, has of new dissolved all and sundry the said lands, barony and others above-written from his highness's crown and patrimony thereof, and from all acts of annexation whereby the said lands, barony and others above-written were annexed to his majesty's crown, to the effect that the same may be of new conveyed and set in feu ferm to the said George, earl of Seaforth and his foresaids, with a new gift and with all the privileges and liberties mentioned and contained in the former infeftments above-mentioned, to be held of our said sovereign lord and his highness's successors in feu ferm for yearly payment of the feu duty above-written, in manner specified in the former infeftment above-written in all points.