[1633/6/109]¹

Act in favour of the burgh of Carraill

Oure soverane lord, with advyse and consent of the thrie estates of this present parliament, be thir presents ratifies and approves the chartor maid and grantit be his majestie wnder his hienes great seale of the dait the saxt day of Februar, j^M vj^C threttie yeirs, to and in favours of the baillies, counsallors and commwnitie of the burgh of Carraill and thair successors baillies, counsallors and commwnitie of the said burgh, conteining a ratificatioun of ane chartor grantit be his majesties umquhile darrest father in favours of the baillies and counsallors of the said burgh of Carraill thairin nominat, for thameselffes and in name of the remanent counsallors, inhabitants and commwnitie of the said burgh, of the colledge kirk and place callit the Proveistrie of Carraill, with the advocatioun, donatioun and richt of patronage of the said colledge kirk, proveistrie and prebendaries thairof, with all and sundrie chaplanes, choristes and prebendaries of the forsaid colledge kirk and uthers thairin mentionat, of the dait at Halyrudhous, the tent day of Maii, j^M v^C fourscoir and sevine yeirs, togider with the letters of ratificatioun and resignatione maid be Johne, lord Lindsay, with consent of his curators, of the dait the fyft, nynt, tuentie and tuentie fyft dayes of Januar and Februar, the yeir of God j^M vj^C and threttie yeirs, conteining ane ratificatioun of the forsaid chartor grantit be his majesties said umquhile darrest father to the saidis baillies and counsallors of the said burgh of Carraill of the forsaid colledge kirk, proveistrie and prebendaries thairof and uthers thairin mentionat and of certane uthers richts and titles maid in thair favours thairanent mentionat in the said ratificatioun, and als constituit certane his procurators to resigne the forsaid proveistrie of the said colledge kirk, advocatioun, donatioun and richt of patronage of the forsaid proveistrie and prebendaries thairof, orcheards, yeards, manses, gleibs, houses and biggings of the samyne with all teinds, fruites, rents, emoluments and dewties of the samyne perteining and belonging thairto, and of all uthers richts and infeftments of the samyn maid to the said Johne, lord Lindsay, and his predicessors and authors; and quhilk chartor grantit be his majestie lykwayes conteines ane dispositioun maid be his majestie to the saidis baillies, counsallors and comwnitie of the said burgh and thair successors baillies, counsallors and commwnitie thairof, of all and haill the forsaid colledge kirk and place callit the colledge of Carraill, proveistrie thairof, with the forsaid advocatioun, donatioun and richt of patronage of the said colledge kirk, proveistrie and prebendries thairof, with all and sundrie chaplanes, chorists, prebendars of the said colledge kirk, yeards, orcheards, houses and biggings thairof and situat within the samyne, with all and sundrie teinds, fruites, rents, emoluments, proffeits, dewties and anuelrents, alsweill within as without the said burgh, perteining and belonging to the said colledge kirk, chaplanries, choristries, and prebendries thairof, and with all and sundrie casualities, dewties, priveledges and pertinents of the samyn, quhatsumever knawin, or that sall happin to be knawin, to perteine and belong to the said colledge kirk and proveistrie thairof with thair pertinents forsaidis, to be haldin of his majestie and his successors in frie burgage with the precepts and instruments of sasing following upon the saidis tua chartors, and siclyk the letters of ratificatioun and procuratorie of resignatioun thairin contenit maid be Maister Patrick Myrtoun, proveist of the said colledge kirk of Carraill, with consent of the prebendares of the said colledge kirk, of the dait the last and fourteine dayes of Januar and Marche, j^M vj^C threttie tua yeirs, quhairby the said proveist ratifiet the forsaid chartor grantit be his majesties said umquhile darrest father; and lykwayes the forsaid chartor grantit be our said soverane lord himselff and the infeftments grantit to the said Johne, lord Lindsay, his predicessors and authors thairin mentionat, of the advocatioun, donatioun and richt of patronage of the said proveistrie and prebendries thairof, and quhairby the said proveist, with consent forsaid, constituit procurators for resigning of the said colledge kirk and place callit the colledge of Carraill and proveistrie thairof, with the patronage of the samyn and uthers abonespecifiet, in the hands of his majestie or his commissioners, in favours and for new infeftment of the same to be maid and grantit be his majestie to the saidis baillies, counsallors and commwnitie of the said burgh of Carraill and thair successors forsaidis, and lykwayes the instrument of resignatioun following upon the said procuratorie of the dait the tuentie fourt day of Marche, the said yeir of God j^M vj^C threttie tua yeires, in all and sundrie pointes, heads, articles and clauses thairin contenit, eftir the formes and tennors thairof. And declairs, statuits and ordaines this present ratificatioun of the forsaidis tua chartors, precepts and instruments of sasing following thairupon, and of the forsaidis letters of ratificatioun and procuratorie of resignatioun maid be the said proveist, with consent forsaid, and of the said instrument of resignatioun following thairupon is, and sall be, als valeid, sufficient and lawfull in all respects as if the samyn wer at lenth and word be word insert and ingrost heirintill, dispensing heirby with the not inserting thairof. And also finds, declairs, statuits and ordaines that the richts and secuirities abonespecifiet, with this present ratificatioun thairof, ar, and sall be, sufficient, valeid and lawfull richtes and secuirities to the saidis baillies, counsallors and commwnitie of the said burgh of Carraill and thair successors forsaidis for the peacible bruiking and joysing in all tyme coming of the forsaid colledge, kirk and place callit the colledge of Carraill, proveistrie thairof and the forsaid patronage of the said colledge, kirk, proveistrie and prebendries of the samyn and uthers abonespecifiet, ordaining thir presents to be a sufficient warrand to the clerk register and his deputtes to extend ane act of parliament heirupon in dew forme; with provisione and wnder protestatione that this present ratificatioun nor no pairt of the same sall be hurtfull or prejudiciall to Alexander Cwnighame, elder, of Barnes, and Johne Cwnighame, fiar thairof, of the takes, dispositiones and uthers richts grantit to thame be the said Lord Lindsay and Maister Patrick Mortoun, or be any uther persones quhatsumever, of the viccarage and thride fishes of the said burgh and parochine of Carraill, bot that the samyn sall remain with the said Alexander Cwnighame and Johne Cwnighame wnhurt or prejudgit be the said ratificatioun grantit in favours of the said burgh of Carraill; and lykwayes that the samyn ratificatioun sall be without prejudice to Sir James Learmonth of Balcolmie, knicht, his richts and infeftments quhilks he hes of the lands and uthers contenit in the said ratificatioun, bot that the same sall remaine with him as of befor, notwithstanding of the said ratificatioun.