[1641/8/407]¹

Ratification in favour of James Pearson of his infeftment of Auchtermeggetes

Our sovereign lord, with the advice and consent of the estates of this present parliament, understanding that by virtue and according to an act of the parliament passed in the parliament held at Edinburgh upon 4 August 1621, in favour of John [Spottiswood], late pretended archbishop of St Andrews, for feuing of his ward lands of the said bishopric, all and whole the lands and barony of Auchtermeggettes, otherwise called Balmadies, with the mill lands, multures and sequels thereof, and with the manor place of the same, houses, buildings, yards, orchards, tofts, crofts, outsets, parts, pendicles, annexes, connexes, dependencies, tenants, tenancy and service of free tenants and all their pertinents whatsoever, lying within the parish of Rescobie, regality of St Andrews and sheriffdom of Forfar, which of old were held taxed ward of the said archbishopric of St Andrews, and by a charter granted by the said John, late pretended archbishop of St Andrews, of the date 16 June 1624, were set in feu ferm to Alexander Pearson, elder, of Auchtermeggetties, and the late Isobel Beaton, his spouse, in liferent, and James Pearson, their eldest lawful son and apparent heir, his heirs and assignees in fee, to be held of the said John, late pretended bishop of St Andrews, with consent of the chapter of the metropolitan kirk of St Andrews and his successors, for the yearly payment of the sum of £12 in augmentation of the old rental and of the sum of £8, extending in the whole to the sum of £20 usual money of this realm of Scotland, at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions, and doubling the said feu ferm of £12 only the first year of the entry of every heir to the said lands for their interest, with common suit in the said archbishop courts in Rescobie, as the infeftment and sasine following upon the said charter at more length purports: the right of the which feu ferm of the lands and others above-specified is now established to the full in the person of the said James Person, his heirs and assignees. Therefore, our said sovereign lord, with advice and consent foresaid, ratifies and approves the said charter of feu ferm of the lands and others foresaid of the date above-specified, with the instrument of sasine following thereupon, and likewise the said charter granted by the said John, late pretended bishop of St Andrews, with consent of the said chapter of the said metropolitan kirk of St Andrews, of the date 20 October 1635, confirming a charter of alienation of the lands and others foresaid made by William Grim² to the said James Pearson, now of Balmadies, his heirs, successors and assignees of the lands and others above-specified, to be held of the said John, late pretended archbishop of St Andrews, and his successors in feu ferm, for payment of the feu duty above-mentioned, and containing a new gift and in feu ferm location granted and set to the said James Pearson and his foresaids of the lands and others above-mentioned, in ample form, with supplement of all defects and imperfections, to be held of the said John, late pretended archbishop of St Andrews, and his successors in feu ferm for payment of the feu duty above-expressed, with all other infeftments and right made to the said James Person and his said father and the said William Grim or any of them, their heirs and assignees of and upon the lands and others above-specified held in feu ferm as said is, in all and sundry points, articles and clauses contained therein. And declares this present ratification thereof to be as sufficient in all respects as if the said charters and other rights were all at length inserted herein, dispensing hereby with the not inserting thereof, and also finds, declares and ordains the same infeftments and securities foresaid to be sufficient and valid rights whereby the said James Person and his foresaids may peaceably possess and enjoy the lands and others above-mentioned with the pertinents held in feu ferm as said is in all time coming.