[1633/6/78]¹

Act in favour of the Earle of Buchane

Oure soverane lord, with advyse and consent of the estates of parliament now presentlie convenit, ratifies and approves and, for his hienes and his successors, perpetuallie confirmes the chartor and infeftment grantit be his majestie, with consent of his hienes principall thesaurer, collector and comptroller of this kingdome of Scotland and of his majesties thesaurer deputt in the saidis offices for the tyme and of the remanent lords, his hienes commissioners of the said kingdome, wnder his majesties great seale, to his hienes richt traist cowsigne James, earle of Buchane, lord Auchterhous, and umquhile Dame Marie Dowglas, countes of Buchane, his spous, and to the longest leivar of thame tua, in lyfrent for all the dayes of thair lyftymes, and to his hienes traist cowsigne James, lord Auchterhous, thair lawfull sone, in fie, and to his airs male lawfullie to be procreat of his bodie, quhilkes failyeing, to returne to his hienes said richt traist cowsigne James, earle of Buchane and the airs male than lawfullie procreat, or to have beine procreat, betuix him and the said umquhile Dame Marie Dowglas, countes of Buchane, his spous, quhilks also failyeing, to the neirest and lawfull airs maill and assignais quhatsumever of the said James, earle of Buchane heretablie wnder the speciall conditiones and with the particular reservationes, restrictiones and provisiones resepctive mentionat in the said chartor, off all and haill the lands and earledome of Buchane, with the haill honors, dignities, titles and priveledges perteining thairto, comprehending also in the samyne the particular lordschipes, baronies, annuelrents and uthers respective and speciallie eftirmentionat quhilks ar all propper pairts and pendicles of the said earledome of Buchane, viz: all and sundrie the lands and earledome of Buchane, with castells, tours, fortalices, wodes, mylnes, multures, fischings, tennents, tennandries, service of frie tennents, advocationes and donationes of kirkes, benefices and chaiplanries, and all thair pairts, pendicles and pertinents quhatsumever; all and haill the lands and baronie of the thaindome of Glendowachie, with wodes, mylnes, multures, fischings, toures, fortalices, maner places, tennents, tennandries and service of frie tennents of the samyne, and all thair pairts, pendicles and pertinents; all and haill the castell of Bamff with the hill and yairds of the samyne, togidder with the office of crownerschip within the shirefdome of Bamff, salmond fischings upon the water of Doverane callit the Thaines Nett, with the assyse, lax and salmond fischings in the sea callit the Craigschott besyde Downe, with all and sundrie uthers salmond fischings, alsweill in salt as fresch water, upon the said water of Doverane, and throw all the pairts one baith the sydes of the samyne, with power and libertie of upbigging and uphalding of scheilles and of drawing, spredding and drying of netts one everie syde of the said water, as also of taking of fishes, alsweill salmond as uther fishes, at all tymes and occasiones, be netts, boates and be all uther instruments and ingynes not prohibited nor forbiddine be the lawes and practique of this realme; all and haill the lands and baronie of Montblarie, with toures, fortalices, wodes, mylnes, mylnelands, multures, fischings, tennents, tennandries, service of frie tennents, salmond fischings of the samyne and all thair priveledges in the said water of Doverne; all and haill the lands of Rylands, with mylne, mylnelands, multures and pertinents of the samyne; the lands of Culbirnay and Inchedrevat; the lands of Tullochy, with the mylne, mylnelands, multures and crofts of the samyne, with the pendicles of the saidis lands callit Ovirtulloche, Haggeschield and Scheardly, with all uthers, thair pairts and pendicles alsweill not namit as namit; all and haill the lands of Todlaw with the pertinents and salmond fischings of the samyne; all and haill the lands of Quhytfield with the pertinents; all and haill the towne and lands of Boig, Smeddietowne, Bredmyre, with the salmond fischings of the samyne in the said water of Doverane and thair pertinents; all and haill the lands of Blaktoune, Hairwodhill, Overdewchries and Petgaries with all thair pairts, pendicles and pertinents; all and haill the towne and lands of Scottistoun, Netherdewchries and Brumesyde with all thair pairts, pendicles and pertinents; all and haill the lands of Auchinbadie with the mylne, mylnelands, multurs, salmond fischings and pertinents of the samyne; all and haill the lands of Staneley, Balgray and Knoknie with the pertinents; all and haill the lands of Fortrie and Glenhouses with the mylne, mylnelands, multures and pertinents of the samyne; all and haill the lands of Mwnnony and Draidland with the mylne, mylnelands, multures and pertinents of the samyne; all and haill the lands of Kinbeame with the pertinents; all and haill the towne and lands of Auchmeddin, Glencuthill, Lemness and Tollie with the mylne, mylnelands, multures, sequells and tua fish boattes, and all priveledges and pertinents of the samyne; all and haill the lands of Pitnacalder and Inchebrek with the pertinents; all and haill the towne and lands of Litle Byith, Claverie Fauldis and Litle Balmakellie, with toftes, croftes, outsetts and thair pertinents; all and haill the lands of Melros with the mylne of the samyne, mylnelands, multures, fischings, pairts, pendicles and pertinents thairof; all and haill the towne and lands of Collane and Silverfurde, with the mylne, mylnelands, multures, fischings, liberties, priveledges, pairts, pendicles and pertinents of the samyne quhatsumever; all and haill the towne and lands of Jackiestoun, Hungriehill, Moniebleatoun, Bruntyeards, Meikle et [...] Dyehill, Myrehous, Auldailhous et Bairnehill with all thair toftes, croftes, outsetts, mylnes, multures, fischings, pairts, pendicles and pertinents of the samyne; all and haill the lands of Gelliehill with the mylne callit Gelliemylne, mylnelands, multurs and sequells of the same; the lands of Tarlair and Gelliemure, with all thair toftes, croftes, pairts, pendicles and pertinents of the samyne; all and haill the towne and lands of Down with all tenements, houses, yairdes, biggings, akers, particattes and croftes of the samyne within the territorie and limeitts thairof with all thair liberties and priveledges and with all fischings, alsweill salmond as quhyt fischings, and all fisch boattes within the towne of Down alsweill being within the samyne as quhilks sall happin to be within the samyne in any tyme coming, with all customes and priveledges thairof; and with all mylnes, mylnelands, multures, annexis, connexis, toftes, croftes, outsetts, sands, cwningares, pairts, pendicles and pertinents quhatsumever; all and haill the lands of Newtoun of Montblarie, mylne of the samyne, mylnelands, multures, sequells, toftes, croftes, outsetts, pairts, pendicles and all thair pertinents; all and haill the lands and baronie of Glencuthill with the toure, fortalice, maner place, wode, mylnes, multures, fischings, tennents, tennandries and service of frie tennents, pairts, pendicles and pertinents of the samyne quhatsumever; all and haill the lands of Balmakellies, lands of Fetterletter and Lethintie, lands of Saltcoittes, lands of Goveny, Inchebrek, Litle Methlek, with the corne and wak mylnes of the samyne, mylnelands, multurs, sequells, annexis, connexis, toftes, croftes, pairts, pendicles and pertinents of the samyne; all and haill the lands of Balmedie with the hill callit Erlischilloch and lands of Carnetralyeane with the mylne of the samyne, mylnelands, multures, sequells, toftes, croftes, pairtes, pendicles and all thair pertinents; all and haill the lands of Bildistoun with the salmond fischings of the samyne in the Watter of Dowe and all thair pairts, pendicles and pertinents; all and haill the lands of Allachin and Nethir Ardmoir, with the mylne, mylnelands, multures, annexis, connexis, toftes, croftes, outsetts, pairts, pendicles and all thair pertinents; all and haill the lands and baronie of Grandoun with the toure, fortalice, wodes, fischings, mylnes, annexes, connexis, tennents, tennendries and service of frie tennents, pairts, pendicles and pertinents of the samyne quhatsumever; all and haill the lands of Preslay with the walkmylne of the samyn and thair pertinents; all and haill the lands of Auchmull and Crabistoun with the pertinents; all and haill the lands and baronie of Cancress comounlie callit Sincress within the parochyne of Kinedvard with all and sundrie maner places, toures, fortalices, mylnes, multures, wodes, fischings, toftes, croftes, outsetts, annexis, connexis, tennents, tennandries and service of frie tennents, pairtes, pendicles and pertinents of the samyne quhatsumever; all and haill the lands of Glasgo Forrest and Glasgo Ego, with the wodes, mylnes, multures, fischings, tennents, tennandries, service of frie tennents, pairts, pendicles and pertinents of the samyne; all and haill ane yeirlie anuelrent of thrie punds Scottes money yeirlie to be uplifted and tane at tua termes in the yeir Whitsunday and Mertimes in winter be equall portiones furth of all and haill the lands of Kintor with the pertinents; all and haill the lands and baronie of Auchterhous, with castells, maner places, toures, fortalices, mylnes, multurs, wodes, fischings, tennents, tennandries and service of frie tennents, pairts, pendicles and pertinents, with the pendicles thairof respective following, viz: Haltoun of Auchterhous Loche, lands of Eistfield, lands of Cottoun, mylne of Auchterhous, lands of Burne, head maynes of Auchterhous, lands of Bonytoun, with all thair houses, biggings, toftes, croftes and pertinents quhilkes ar propper pairts and pendicles of the lands and baronie of Auchterhous, and with all and sundrie annexis, connexis, pairts, pendicles and pertinents of the said baronie alsweill not namit as namit; all and haill the lands of Wester Keith with the maner place, houses, biggings, mylnes, multures, wodes, fischings, annexis, connexis, tennents, tennandries, service of frie tennents, pairts, pendicles and pertinents of the samyne; all and haill the lands and baronie of Eissie, with the maner place, tower, fortalice, mylnes, multures, wodes, fischings, annexis, connexis, tennents, tennendries, service of frie tennents and pertinents of the samyne quhatsumever, with the lands of Glenquharities and Halcartoun, lands of Casteltoun, Inglestoun, Dearlandis and brewlands of Eissie, lands of Baldewgo and new mylne of Eissie, quhilks ar all propper pairts and pendicles of the saidis lands and baronie of Eissie, and with all and sundrie uthers annexis, connexis, pairts, pendicles and pertinents of the saidis lands and baronie alsweill not namit as namit; all and haill the lands and baronie of Nevay with the maner place, toure, fortalice, mylnes, multures, wodes, fischings and all uthers lands alsweill upon the south as north pairts of the burne of Nevay, with all and sundrie toftes, croftes, outsetts, annexis, connexis, tenents, tennendries, service of frie tennents, pairts and pendicles of the said baronie of Nevay quhatsumever; all and haill the lands and baronie of Kethins and Petdownie and lands callit the Broddie Lands and Eister Kittoun with the pertinents quhilks ar propper pairts and pendicles of the saidis lands of Kettines and Petdowny, with the mylnes, multures, wodes, fischings, annexis, connexis, tennents, tennendries, service of frie tennents, pairts, pendicles and pertinents of the samyne quhatsumever and with all and sundry annexis, connexis, pairts, pendicles and pertinents of the saidis lands of Kettines and Petdowny alsweill not namit as namit; all and sundrie the lands and baronie of Kinyaltie with the maner place, toure and fortalice of the samyne, and with the maner place of Queich, housis, biggings, tofts, crofts, mylnes, multures, wodes, fischings, annexis, connexis, tennents, tennendries, service of frie tennents, pairts, pendicles and pertinents of the samyne quhatsumever, and with the pendicles of the samyne respective following, viz: the lands of Nethir Kinyaltie, mylne of Kinyaltie, mylnelands and multures of the samyne lands of Cossakes, Shirresbank, Auchleische, Tursauch, with the salmond fischings and cwnyngars of the samyne lands of Torrie lands and Inschevin and lands of Sheinhill with all thair houses, biggings, toftes, croftes, outsetts and pertinents, quhilkes ar propper pairts and pendicles of the saidis lands and baronie of Kinyaltie, and all and sundrie uthers annexis, connexis, pairts and pendicles of the said baronie alsweill not namit as namit, all lyand within the shirefdomes of Abirdeine, Bamff and Forfar respective, with the burgh of baronie of Down and all liberties and priveledges perteining thairto, and with the haill houses, biggings, aikers, lands infeild and outfeild and all thair pertinents, with all and sundrie anuelrents quhairine his hienes richt traist cowsigne and counsallour Johne, earle of Marre and Marie, countes of Marre, his spous, (upon quhais resignatioun the said chartor and infeftment proceids) stands infeft and seasit, to be liftit and uptakine furth of the said earledome, lordschip, baronies, lands and uthers aboneexprest, and with all and sundrie castells, toures, fortalices, maner places, housis, biggings, orcheards, yairds, dowcatts, stanks, loches, medowes, mwirs, moses, wodes, forrests, parks, fischings, mylnes, mylnelands, multurs, tennents, tennandries, service of frie tennents, pairts and pendicles of the foirnamit haill lands, earledome, lordschipes, baronies and uthers respective aboneexprest lyand respective as said is; and inlykmaner of all and haill the advocatioun, donatioun and richt of patronage of the kirk and parochine of Auchterhous, alsweill personage as viccarage of the samyne, with all proffeitts perteining thairto lyand within the shirefdome of Forfar, togider with the new gift and dispositioun contenit in the said infeftment, quhairby oure said soverane lord hes of new givin, grantit and disponit to his hienes richt traist cowsigne James, earle of Buchane and to the said umquhile Dame Marie Dowglas, countes of Buchane, his spous, and to the langest leivar of thame tua in lyfrent during all the dayes of thair lyftymes, and to his hienes said traist cowsigne James, lord Auchterhous, thair sone, and the airs male lawfullie to be procreat of his awin bodie in fie, quhilks failyeing, to returne to his hienes said richt traist cowsigne James, earle of Buchane, his airs male and assignais forsaidis wnder the speciall conditiones and with the restrictiones, reservationes and provisiones respective at lenth mentionat and contenit in the said chartor; all and haill the lands and patrimonie of the said earledome of Buchane abonementionat, comprehending in the samyne the foirnamit haill lordschipes, baronies, lands, castells, toures, fortalices, maner places, office of crownerschip, burgh of baronie, mylnes, mylnelands, multurs, wodes, fischings and uthers respective and particularlie abonewrittine, all lyand as said is, togider with the said advocatioun, donatioun and richt of patronage of the said kirk and parochine of Auchterhous, alsweill personage as viccarage of the samyne, with all proffeits and commodities belonging thairto, with all richt, title, entreis, clame of richt, propertie and possessioun, quhilks his hienes, his predicessors or successors had hes or any wayes may have or clame, to the saidis lands and earledome of Buchane, lordschips, lands, baronies and uthers respective and particularlie aboneexprest; or to any peice, pendicle or portioun of the samyne, or to the mailles, fermes, kaynes, customes, casualities, proffeittes and dewties of the samyne of quhatsumever yeirs or termes bygane or to come, be reassoun of waird, releiff, nonentries, escheit, forfaltour, recognitioun, purprusioun, disclamatioun, bastardie, lyfrent apprysing, reductioun of infeftments, sasings and retoures or annulling of the samyne; or for quhatsumever uther caus, fact, dead or occasione bygaine preceiding the dait of the said chartor, quhairby his hienes hes renuncit and overgiven the samyne, with all actioun, instance and executioun thairof, in favours of his hienes said richt traist cowsigne James, earle of Buchane and of the said James, lord Auchterhous, his sone, and thair forsaidis for evir cum pacto de non petendo, and with suppliement of all faults, defects, objectiones and imperfectiones quhatsumever alsweill not namit as namit quhilks his hienes hes hauldin as for exprest in the said chartor, togider also with the new erectioun contenit in the said chartor and infeftment, quhairby oure said soverane lord hes of new unite, erected, creatt, annexit and incorporat all and sundrie the forsaidis lands of the patrimonie of the said earledome of Buchane, with the haill particular lordschipes, baronies, lands, castells, toures, fortalices, maner places, office of crownerschip, mylnes, mylnelands, multures, wodes, fischings, and uthers respective and particularlie abonementionat, with thair haill pertinents in ane haill and frie earledome, with the haill honors, titles, dignities, preheminences, priveledges, proffeitts and casualities quhatsumever to be callit now and in all tyme coming the earledome of Buchane; to the quhilk earledome thair is unite be the said infeftment the said advocatioun, donatioun and richt of patronage of the said kirk and parochine of Auchterhous, personage and viccarage thairof, ordaining be the said infeftment the said castell of Bamff to be the principall messuage of the said earledome with ane dispensatioun thairincontenit for taking of sasing at the said castell of Bamffe, and that sasing takin and to be takin thairat in all tyme coming sall be ane sufficient sasing for the said haill earledome of Buchane and for the haill particular lands, lordschipes, baronies, castells, toures, fortalices, mylnes, wodes, fischings, annuelrents and uthers respective and particularlie abonementionat, and that notwithstanding the samyne ly in divers shirefdomes and parochines far distant frome uthers, quhairanent and with all uthers defects and objectiones quhilkes may be proponit or alledgit in the contrair, oure said soverane lord for his hienes and his successors be the said infeftment hes dispensit for ever, all to be hauldin of oure said soverane lord and his hienes successors in fie and heretage for ever for service of ward and releiff as in the said chairtor and infeftment of the dait at Edinburgh, the tuentie fyft day of November, the yeir of God j^M vj^C tuentie fyve yeirs, at mair lenth is contenit, togidder lykwayes with the precept of seasing direct furth of his hienes chancellarie wnder his majesties quarter seale upon the said chartor and infeftment of the dait the said tuentie fyft day of November, the yeir of God forsaid, togider with the instrument of sasing following thairupon off the dait the [...] day of [...], the yeir of God j^M vj^C tuentie and [...] yeirs, in all and sundrie the heades, pointes, clauses, articles, circumstances and conditiones of the saidis chartor and infeftment, precept and instrument of sasing following thairupon and eftir the formes and tenors thairof in all pointes wnder the speciall conditiones and with the particular reservationes, restrictiones and provisiones respective at lenth mentionat and contenit in the said chartor and infeftment allanerlie, and na utherwayes. Lykas oure said soverane lord, with advyse and consent of the saidis estates of this present parliament, wills and grants, and for his hienes and his successors perpetuallie decernes and ordaines that this present ratificatioun is, and sall be, als valide, sufficient and effectuall to his hienes said richt traist cowsigne James, earle of Buchane and to his hienes said traist cowsigne James, lord Auchterhous, his sone, and thair forsaidis, as if the said chartor and infeftment with the saidis precept of sasing and instrument of sasing following thairupon war heirin at lenth de verbo in verbum speciallie and particularlie insert and contenit; quhairanent oure said soverane lord, with advyse and consent forsaid, for his hienes and his successors, hes dispensit and be thir presents dispenses for ever.