[1641/8/408]¹

Ratification in favour of Sir John Hamilton of Orbiston, justice clerk, of his infeftment of the lands of Orbiston

Our sovereign lord, with advice and consent of the estates of this present parliament, ratifies and approves the charter of confirmation made, given and granted by his majesty under his highness's great seal, whereby his highness, with advice and consent of his highness's right trusty cousin and councillor William [Douglas], earl of Morton, lord Dalkeith and Aberdour, high treasurer, comptroller, collector general and treasurer of his majesty's new augmentations, and with advice and consent of his highness's right trusty cousin and councillor John [Stewart], earl of Traquair, lord Linton and Caberston, treasurer depute for the time, now treasurer principal, and other lords of exchequer of the kingdom of Scotland, has ratified, approved and confirmed the charters, infeftments, precepts of sasine contained therein, precepts of clare constat and instruments of sasine respectively underwritten contained therein, made, given and granted by the persons respectively after-mentioned to the late John Hamilton of Orbiston and to his majesty's right trusty councillor Sir John Hamilton, now of Orbiston, knight, justice clerk and one of the senators of the college of justice, designed thereby John Hamilton of Orbiston, son and heir of the said the late John Hamilton of Orbiston, his father, of the lands, mills, teinds and others respectively after-specified in manner following, namely: the charter and infeftment of feu ferm made, given and granted by his highness's right trusty cousin and councillor William [Douglas], marquis of Douglas, designed thereby William, earl of Angus, lord Douglas and Abernethie, to the said late John Hamilton of Orbiston, his heirs and assignees heritably and irredeemably, without any reversion, redemption or regress, of all and whole the four pound land of Unthank of old extent, with the pertinents, as also of all and whole the three pound land also of old extent lying in the town of Bothwell, sometime occupied by the said late John Hamilton, Gavin Young and John Jake, indwellers in the said town of Bothwell, his tenants, together with that part and portion of the commonty belonging to the said three pound land, called Bothwell Shiels, also occupied by the said late John Hamilton, John and Thomas Whitlaw, his tenants, with all and sundry their pendicles and pertinents, all lying in the barony and regality of Bothwell and within the sheriffdom of Lanark, to be held of our said trusty cousin, now marquis of Douglas, and his male heirs, in feu ferm and heritage forever, together with the precept of sasine inserted in the said charter, of the date at the burgh of the Canongate, 20 November 1599, together with the instrument of sasine following thereupon, of the date 30 December 1602 under the sign and subscription manual of Robert Lambie, notary public. Item, the precept of clare constat granted by the said William, now marquis of Douglas, designed by the said precept in manner above-written to the foresaid Sir John Hamilton, now of Orbiston, knight, for infefting of him as heir of the said late John Hamilton of Orbiston, his said father, in all and whole the lands, commonty and others above-designed, of the date at the castle of Douglas, 5 September 1621, together with the instrument of sasine following thereupon, of the date 6 December 1621 under the sign and subscription manual of William Loudoun, notary public. Item, the charter and infeftment of feu ferm made and given by the late Master Gavin Hamilton, provost of the college kirk of Bothwell, with consent of the prebendaries thereof and with consent of the late Walter [Scott], earl of Buccleuch, designed thereby Walter Scott of Branxholme, knight, and undoubted patron of the said provostry of Bothwell, and of his commissioners having his special power and commission and subscribers of the same, to the said late John Hamilton of Orbiston, his heirs and assignees whatsoever heritably, of all and whole the lands of Orbiston, with the manor place, houses, buildings, yards, orchards, woods, fishings, meadows, greens and dovecots, parts, pendicles and all their pertinents, lying in the barony or lordship of Bothwell and within the sheriffdom of Lanark, together with the teinds, as well parsonage as vicarage, thereof included, as also of all and whole the mill of Orbiston and multures thereof, with houses, yards and their pertinents, together with the whole thirlage, sequels and astricted multures of the towns and lands following, namely: of the town and lands of Orbiston, Carnbroe, Unthank, Stevenston, Elderstoun, Carfin, Jerviston, Richard Johnestoune and Kirkelie lying in the said barony of Bothwell, and of all other lands used and wont; and in like manner, of all and whole the nether mill of Orbiston situated upon the water of Calder between the said lands of Orbiston, as also of all and whole the kirk lands of Bothwell, with houses, buildings, yards, parts, pendicles and all their pertinents, with the teinds, as well parsonage as vicarage, included therein lying in the said town and territory of Bothwell and sheriffdom of Lanark, reserving nevertheless to the said Master Gavin Hamilton and his successor provosts and ministers serving the cure at the said kirk of Bothwell a reasonable glebe of four acres of land of the same kirk lands with the mansion yards and their pertinents, then occupied by the said late Master Gavin, according to the act of parliament made regarding designation of manses and glebes to ministers serving the cure at the said kirk only, to be held of the said late Master Gavin Hamilton and his successor provosts of the said college kirk of Bothwell in feu ferm and heritage for ever, together with the precept of sasine inserted in the said charter of the date at Hamilton and Leith respectively, 3 May and 8 October 1604, together with the instrument of sasine following thereupon, of the date 13 January 1605, under the signs and subscriptions manual of the late John Roberton and Robert Lambie, notaries public. Item, the precept of clare constat made and given by Master Robert Boyd, now provost of the said college kirk of Bothwell, to the said Sir John Hamilton, now of Orbiston, for infefting him as heir foresaid of the said late John Hamilton of Orbiston, his said father, in all and whole the forenamed lands of Orbiston, kirk lands of Bothwell, mills, teinds and others respectively above-mentioned, which are designed in the said charter of feu ferm made and granted by the said Master Gavin Hamilton with consent above-written to the said late John Hamilton of Orbiston and containing the foresaid reversion, of the date at Bothwell, 5 December 1621. Item, the instrument of sasine following thereupon, of the date 6 December 1621, under the sign and subscription manual of the said William Loudoun, notary public. Item, the charter and infeftment of gift made, given and granted by his highness's right trusty cousin and councillor James [Hamilton], now marquis of Hamilton, earl of Arran and Cambridge, lord Aven and Innerdale, to the said Sir John Hamilton, now of Orbiston, knight, designed in manner above-specified, his heirs and assignees whatsoever heritably and irredeemably, of all and whole the forty shilling land of old extent of Wester Moffat and ten shillings land of old extent Moffathillends, with houses, yards, commodities, privileges and all their pertinents sometime occupied by the said late John and his tenants, lying in the said barony of Bothwell Muir and sheriffdom of Lanark, to be held of his highness's right trusty cousin and councillor James, now marquis of Hamilton, his heirs and successors in free blench ferm, with the precept of sasine inserted in the said charter, of the date 20² May 1631, together with the precept of sasine following thereupon, of the date 24 May 1631, under the sign and subscription manual of Bartholomew Roberton, notary public, in all and sundry heads, points, clauses and conditions thereof, in all and by all things and with the like effect as is contained in the said charters, infeftments and precepts of clare constat, saving and reserving to our said sovereign lord and his highness's successors the rights and services of all and sundry the forenamed lands, mills, teinds, commonties and others particularly above-written due and in use to his highness and his predecessors for the same before the said confirmation. As likewise our said sovereign lord, with consent above-written, by the foresaid charter of confirmation dispensed, for his highness and his successors, with the sasines taken before the said confirmation, and determined that the said confirmation should be of as great force, strength and effect to the said Sir John Hamilton, now of Orbiston, his heirs and assignees above-written, as if all and sundry the said charters, precepts, infeftments, sasines contained therein, precepts of clare constat and instruments of sasine above contained following thereupon were all at length word by word inserted in the said charter of confirmation, and dispensed with the not inserting thereof, which charter of confirmation is of the date at Edinburgh, 28 November 1635, in all and sundry heads, articles, clauses and conditions contained therein after the form and tenor thereof in all points; and wills and declares that this present ratification is and shall be as valid and effectual to the said Sir John Hamilton, now of Orbiston, knight, and his foresaids, as if the foresaid charter of confirmation, charters, precepts, sasines and others above-mentioned thereby confirmed were inserted herein word by word, concerning which his majesty and estates foresaid dispense for ever.