[1641/8/442]¹

Ratification in favour of Sir James MacGill of Cranstoun-Riddel

Our sovereign lord, with advice and consent of the estates of parliament, ratifies and approves the charter made, given and granted by our sovereign lord, with advice and consent of Sir James Carmichael of that Ilk, knight baronet, his highness's treasurer depute, and other lords and others of his highness's exchequer of Scotland, his majesty's commissioners, to Sir James MacGill of Cranstoun-Riddel, knight baronet, one of the senators of the college of justice, his male heirs and assignees whatsoever heritably, of all and whole the town, lands and barony of Cousland, with the tower, fortalice, manor place, houses, buildings, yards, orchards, mills, multures, dovecots, tenants, tenancies, service of free tenants, advocation and donation of chaplainries thereof and all their pertinents, lying within the parish of Inveresk and sheriffdom of Edinburgh, as for the principal; and of all and sundry the lands underwritten and feu ferms thereof pertaining to his majesty as a part of his highness's property and lordship of Fife, lying within the stewartry and sheriffdom thereof: of all and whole the lands of Largo and feu ferms thereof, extending yearly to five chalders of oats, three chalders and eight bolls of barley and one chalder and ten bolls of wheat; all and whole the lands of Ardeth, with the pertinents and feu ferms thereof, extending [yearly]² to the sum of four chalders, four bolls of barley and three chalders and four bolls of wheat; and all and sundry the lands of Rathillet, with the pertinents and feu ferms thereof, extending yearly to two chalders, four bolls of barley and two bolls of wheat, and that in special warrandice and security of the said town, lands and barony of Cousland, with the pertinents and teind sheaves thereof underwritten, principally conveyed in manner and to the effect mentioned in the said charter, which proceeds and is granted upon the said Sir James MacGill's own resignation, to whom the same pertained heritably of before by the resignation of George [Hay], earl of Kinnoull, son and heir of the late George [Hay], earl of Kinnoull, his father, and the new gift and disposition contained in the said charter made by his majesty, with consent foresaid, to the said Sir James MacGill and his foresaids heritably, of all and whole the said lands and barony of Cousland, with the tower, fortalice, manor place and other pertinents thereof foresaid, and the disposition contained in the said charter made by his majesty, with consent foresaid, to the said Sir James MacGill and his foresaids, of all and sundry the teind sheaves and parsonage teinds of all and whole the said town, lands and barony of Cousland, with the pertinents, pertaining to his majesty as a part of the lordship of Dunfermline and patrimony thereof, in manner mentioned in the said charter as for principal, and the new gift and disposition contained therein, made and granted by his majesty, with consent foresaid, to the said Sir James and his foresaids heritably, of all and whole the said lands of Largo, Ardeth and Rathillet, with the pertinents and feu ferms thereof respectively above-written, also pertaining of before to the said Sir James MacGill as said is, and that in special warrandice and security of the said town, lands and barony of Cousland, with the pertinents and teind sheaves and parsonage teinds thereof, principally conveyed as said is so that if it shall happen the said Sir James MacGill and his foresaids to be in any way impeded or troubled or molested in the peaceable possession of the said town, lands and barony of Cousland and teind sheaves thereof, or in the taking up and intromitting with the mails, ferms, profits and duties thereof or any part of the same, or the same to be evicted by the restoration of the late John [Ruthven], sometime earl of Gowrie, reduction of his forfeiture, or for any other cause or occasion, that then and in that case it shall be permissible to them as often to have ingress, regress and access in and to all and sundry the said lands of Largo, Ardeth and Rathillet, with the pertinents and feu ferms thereof respectively above-written, given in warrandice in manner foresaid to be held and possessed by them until they may hold and possess the said [lands] and barony of Cousland, with the pertinents and teind sheaves thereof, without impediment, to be held of or sovereign lord and his highness's successors in free blench ferm, fee heritage and free barony for yearly payment to his highness and his successors for the said town, lands and barony of Cousland, with the pertinents, and for the said lands of Largo, Ardeth and Rathillet, with the pertinents and feu ferms thereof, of one penny at the feast of Whitsunday [May/June] in name of blench ferm; and for the said teind sheaves and parsonage teinds of the said town, lands and barony of Cousland, with the pertinents, of the sum of £66 13s 4d money foresaid at the feast of Candlemas [2 February], also in name of blench ferm, as the said charter under his highness's great seal, of the date at Holyroodhouse, 8 September 1641 at more length bears, 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 of the said estates of parliament, wills, grants, decrees and ordains that this present ratification of the said charter is and shall be of as great strength, force and effect to the said Sir James MacGill, his male heirs and assignees foresaid, for possessing and enjoying of the said lands, barony, teinds and others above-written, principal and warrandice contained in the said charter heritably, irredeemably and perpetually for ever, as if the said charter hereby ratified were totally at length word for word inserted and contained herein, and notwithstanding the same shall not be so done, concerning which, and with all other defects and imperfections which may be proposed or alleged against the said charter, or this present ratification thereof, our said sovereign lord, with advice and consent of the said estates of parliament, for his highness and his successors, has dispensed and by this ratification dispenses for ever. And also our said sovereign lord, with advice and consent of the said estates of parliament, wills, grants, decrees and ordains that the said charter and this present ratification thereof is and shall be a good, valid and sufficient right and security to the said Sir James MacGill and his foresaids for possessing of the said town, lands and barony of Cousland, with the teinds thereof and their pertinents, as principal, and the said lands of Largo, Ardeth and Rathillet and feu ferms thereof, with their pertinents, in special and real warrandice and security thereof, in manner contained therein perpetually in all time coming, notwithstanding of whatsoever objections or impediments that may be proposed or alleged in the contrary.