[1641/8/458]¹

Ratification in favour of [Sir John Dalmahoy], laird of Dalmahoy

Our sovereign lord and estates of parliament ratify and approve in favour of Sir John Dalmahoy of that Ilk, knight, his heirs and assignees, the two charters underwritten, the one thereof made, given and granted by his highness's late dearest father of worthy memory to the late Alexander Dalmahoy, then of that Ilk, his heirs and assignees whatsoever heritably, of all and whole the lands and barony of Dalmahoy and Over Liberton, with their pertinents, lying within the sheriffdom of Edinburgh, upon the said late Alexander Dalmahoy's own resignation, and the new gift, donation and disposition contained therein, made and granted by our said late sovereign lord to the said late Alexander Dalmahoy, his heirs and assignees foresaid, of all and whole the said lands and barony of Dalmahoy and Over Liberton, with the castles, towers, fortalices, houses, buildings, yards, orchards, dovecots, tofts, crofts, outsets, annexes, connexes, dependencies, parks, forests, muirs, meadows, mosses, braes, mills, woods, fishings, coals, coal pits, tenants, tenancies, service of free tenants, parts, pendicles and all their pertinents, and of all right, title, interest, claim of right, property and possession, petitioner and possessor, which his highness's predecessors had, has or might pretend to the same or any part thereof, or to the mails, ferms, profits and duties of any years or terms then bygone by any manner of reason, way, cause, action or occasion, specially and generally mentioned in the said charter, and the union, annexation, creation and incorporation of the same lands, baronies and others above-written, with the pertinents, in a whole and free barony to be called the barony of Dalmahoy, whereof the tower and fortalice of Dalmahoy is ordained to be the principal messuage, and the gift, donation and disposition contained in the said charter made and granted by his highness's said late dearest father to the said late Alexander, his heirs and assignees foresaid, of the right of patronage of prebendaries underwritten, namely: of the prebendary of Half Dalmahoy, Half Halton, Half Bonnington and Half Platt, founded within the college kirk of Corstorphine, pertaining of before to the archbishopric of St Andrews and lairds of Corstorphine by alternate turns, and then pertaining to his highness's said late dearest father and become at his highness's disposition by virtue of the act of annexation of the kirk lands and rents of this realm to the crown in manner mentioned in the said charter, and annexing thereby the said right of patronage of the said prebendaries of the said barony of Dalmahoy to remain inseparably therewith in time coming; and ordaining that a sasine to be taken by the said late Alexander and his foresaids then and in all time coming at the said principal messuage of Dalmahoy, to stand and be a sufficient sasine for all and whole the said lands and barony of Dalmahoy, comprehending therein the lands, baronies and others above-rehearsed, united and annexed thereto, and for the said right of patronage of the said prebendaries by alternate turns also annexed to the said barony with dispensation relating thereto in manner specified in the said charter, all to be held of our sovereign lord and his highness's successors in fee heritage and free barony for yearly payment to his highness and his successors of the rights and services used and wont, and whereby the ward, non-entry, relief and marriage of the heirs, so often as the same shall fall in the hands of his highness or his successors, are taxed and conveyed to the said late Sir Alexander and his foresaids for payment of the particular sums thereof mentioned in the said charter, which is under the great seal of this kingdom of the date at Falkirk², 10 August 1598. And the other of the said charters made, given and granted by his highness's said late dearest father of worthy memory, with advice and consent of the lords of his highness's secret council of Scotland, his highness's commissioners there for the time, and of his highness's treasurer, collector and comptroller depute therein named for the time, by the which charter his highness's said late dearest father, with consent foresaid, has ratified, approved and, for his highness and his successors, perpetually confirmed the charter of alienation and disposition made, given and granted by the said late Alexander Dalmahoy to Barbara Lindsay, daughter lawful to the late Bernard Lindsay of Lochhill, now spouse to Sir John Dalmahoy, eldest lawful son and then apparent heir to the said late Alexander, now of that Ilk, knight, in her poor³ virginity, in liferent for all the days of her lifetime, of all and whole the mains of Dalmahoy, containing and comprehending therein the lands called the Newhouse and Burnwynd, with the tower, fortalice, manor place of Dalmahoy, dovecots, yards, orchards, tofts, crofts, parts, pendicles and services of all and whole the said mains of Dalmahoy, with the pertinents, then possessed and occupied by the said late Alexander, with his own proper goods, and by George Steel and James Finney in Newhouse and James Bishop of Burnwynd; and of all and whole that corn mill of Dalmahoy with the mill lands, houses, buildings, multures, sequels thereof and their pertinents as they were then possessed and collected by the said late Alexander and his tenants, lying within the said barony of Dalmahoy and sheriffdom of Edinburgh, and made, given and granted to the said Sir John Dalmahoy and the male heirs then lawfully to have been procreated between him and the said Barbara Lindsay, his spouse, which failing, to the male heirs of the said Sir John lawfully to be procreated of his own body, which failing, to his nearest and lawful male heirs bearing the surname and arms of Dalmahoy and their assignees heritably, of all and whole the said lands and barony of Dalmahoy, specially comprehended therein, the said lands and barony of Over Liberton with the castles, towers, fortalices, houses, buildings, yards, tofts, crofts, outsets, annexes, connexes, dependencies, parks, forest, muirs, meadows, mosses, braes, mills, woods, fishings, coals, coal pits, tenants, tenancies, service of free tenants, parts, pendicles and all their pertinents, with the said right of patronage called Half Dalmahoy, Half Halton, Half Bonnington and Half Platt founded within the said parish kirk of Corstorphine, by alternate turns annexed to the said barony, reserving always to the said late Alexander his liferent of all and whole the town and lands of Dalmahoy and Over Liberton, with the tenants, tenancies, service of free tenants and pertinents thereof, for all the days of his lifetime, to be held of our said late sovereign lord and his highness's successors, superiors thereof, in manner specified in the said charter of alienation and disposition confirmed, which is of the date 10 June 1611, in all and sundry the heads, points, articles, conditions, forms and circumstances thereof whatsoever, with dispensation regarding the sasine taken upon the said charter and precept of sasine contained therein before the said confirmation in manner mentioned in the same charter and confirmation granted by his highness's said late dearest father, with consent foresaid relating thereto, under his highness's great seal of the said kingdom of Scotland, of the date 8 February 1614, as the said two charters of the dates respectively foresaid in themselves at more length bear; and the said charter of alienation and disposition engrossed and confirmed in the said last charter with the precept of sasine and sasine following thereupon, and the procuratory and instrument of resignation whereon the first charter above-written proceeded and precept of sasine and sasine following thereupon, of whatsoever dates, tenor or contents the same be of, in all and sundry the heads, points, clauses, articles, circumstances and conditions contained therein, and after the form and tenor thereof in all points. And our said sovereign lord and estates of parliament will and grant and, for his highness and his successors, 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 Sir John Dalmahoy and Dame Barbara Lindsay, his spouse, their male heirs and assignees for possessing of the said lands, baronies, advocation, donation and right of patronage and others foresaid as if the said charters and rights specially and generally above-written were all at length word for word inserted and contained in this present ratification, notwithstanding the same be not so done, with the which, and with all other defects, imperfections and objections which may be proposed or alleged in the contrary and against the same or any of the validities thereof, and this present ratification of the same, our said sovereign lord and estates of parliament have dispensed and, by this ratification, dispense for ever.