[1633/6/131]¹

Act in favour of Henrie Nisbett

Oure soverane lord and estates of parliament ordaines ane ratificatioun to be maid thairintill to and in favours of his hienes lovitt Henrie Nisbett, portioner of Restalrig, his airs and assignais quhatsumever, ratifiand, approveand and for his hienes and his successors perpetuallie confirmand the decreit of valuation led and deduicit at the instance of his majesties procurator fiscall befor the subcommissioners of the presbetrie of Edinburgh, upon the [...] day of [...], the yeir of God j^M vj^C and [...] yeirs, quhairby the teinds of the said Harie Nisbett, his fyve rowmes of land in Restalrig, with thair pertinents, ar valued to extend to fourscoor ten bolles of victuall, quhairof tuelf bolls quheit, fourtie tua bolls beir, tuentie four bolls of aitts and tuelf bolls of beanes and peis be yeir. And als the decreit givin be the lords commissioners for surranders and teinds, of the dait at Halyrudhous, the tuentie ane day of July, the yeir of God j^M vj^C threttie yeirs, quhairby the saidis commissioners hes fund and declarit that the saidis subcommissioners had lawfullie and orderlie proceidit in the said valuatione and had judgit aricht, and that the said Johne, lord of Balmerinoch, titular of the saidis teinds againes quhome the said valuatione and decreit was deduicit, had wrangouslie appeallit from the saidis subcommissioners in maner mentionat in the said decreit; and in respect thairof, the saidis commissioners sustenit the valuatione forsaid quhairby the teinds of the said Henrie Nisbett, his lands forsaidis, ar valued to extend to the said fourscoor ten bolls of victuall of the qualities abonerehearsit, quhairof the ease grantit be the king's majestie be his decreit and sentence being deduicit thair will rest of cleir teind of quheit, nyne bolls, tua firlotts, ane peck, tua lippies, half leippie and four quarters of ane half leippie; of peis, nyne bolls, tua firlotts, ane peck, tua leippies, half leippie and four quarters of ane half leippie; of beir, threttie thrie bolls, tua firlotts, ane peck, tua leippies, half leippie, four quarters, half leippie; and of aitts nynteine bolls, thrie pecks, tua leippies and four quarters of ane leippie, the pryces quhairof (if the teind sould be bocht be the said Henrie Nisbett) the saidis commissioners modifiet and sett downe as folloues, that is to say: sevine pund ten schilling for the boll of quheit; sax pund, fyve schilling for the boll of beir, beanes and peis; and sevine merks for the boll of aitts; and thairfor the saidis commissioners allowit and gave power and warrand to the said Henrie Nisbett to collect, leid and intromett with the saidis teinds of his saidis lands of Restalrig, the said crope and yeir of God j^M vj^C and threttie yeirs, and thaireftir for the reassones and causes contenit in the said decreit. And als ane uther decreit givin be the saidis commissioners of surranders and teinds upon the nynt day of December thaireftir the said yeir quhairby the saidis lords and uthers of the said commissioun allowit and ordanit the said Henrie Nisbett to consigne the soumes of money and pryces of the saidis teinds thairin mentionat as they wer modifiet and sett downe be the saidis commissioners in the hands of James Prymrois, ane of the clerks to the said commissioun, to be givin up to the said Johne, lord of Balmerinoche upon his acquittance and sufficient secuiritie to be maid to the saidis Henrie Nisbett and Marione Arnot, his mother, of the saidis teinds at the sicht of the saidis commissioners; quhilks teinds and the said Lord of Balmerinoch, his richt thairof, the saidis commissioners decernit to perteine to the said Henrie Nisbett and Marione Arnot, his mother, and they to be frie to intromett with the saidis teinds, leid, use and dispone thairupon at thair pleasure; and the said Lord of Balmerinoch to denude himselff of quhatsumever richt he had or micht pretend to the saidis teinds in favours of the saidis Henrie Nisbett and Marione Arnot, his mother. And siclyk the act of consignatione quhairby the said Henrie Nisbett, upon the said nynt day of December, the yeir of God forsaid, consignit the pryces of the saidis teinds in the hands of the said James Prymrois to be givin up to the said Lord of Balmerinoch upon his acquittance and sufficient secuiritie to be maid to the said Henry Nisbett of the saidis teinds in maner specifiet in the said act. As also the decreit of suspensioun givin be the lords of counsall and sessioun upon the tuentie fourt day of Januar, the yeir of God j^M vj^C threttie tua yeirs, finding the letters reasit at the instance of the said Henrie Nisbett againes the said lord upon the saidis last decreit and act of consignatioun to be ordourlie proceidit ay and quhill the said lord maid to the said Henrie Nisbett ane sufficient secuiritie of the saidis teinds at the sicht of the saidis commissioners, and denude himselff of quhatsumever richt he had or micht pretend thairto, in favours of the said Henrie Nisbett conforme to the saidis commissioners decreit abonewrittine in all pointes. And siclyk ane uther decreit givin be the saidis commissioners for surranders and teinds upon the sevint day of Marche, the said yeir of God j^M vj^C threttie tua yeirs decerning and ordaining the said Lord of Balmerinoch to mak, subscryve and deliver to the said Henrie Nisbett and Marione Arnot, his mother, ane sufficient temporarie richt and secuiritie of the saidis teindscheaves of thair saidis lands, baith for his lyfrent and nynteine yeirs take in maner wnderwrittine, and to uplift the said soume consignit and to be obleist to deliver the samyn to thame, thair airs, executors and successors at the expyring of the said temporarie richt, in maner specifiet in the said decreit, as the saidis severall decreitts and act of consignatioun in thameselfes respective at mair lenth beirs. As als the contract and appointment maid at Edinburgh, the thretteine day of Marche, the said yeir of God j^M vj^C threttie tua yeirs, betuix the said Johne, lord of Balmerinoche, takisman of the teinds of the paroche kirk and parochine of Restalrige, quhairof the saidis teinds of the saidis lands underwrittine ar ane pairt, and als now indoubted patrone of the personage and viccarage of the said paroche kirk, one the ane pairt, and the said Henrie Nisbet, heretor of the saidis lands, one the uther pairt, registrat in the buiks of counsall and sessioune the fourteine day of the said moneth of Marche thaireftir the said yeir, quhairby the said Johne, lord of Balmerinoche maid, constituit and ordanit the said Henrie Nisbett, his airs and assignais, his verie lawfull, wndoubted and irrevocable cessioners and assignais, donators and procurators in rem suam cum dispositione libera in and to the letters of tak and assedatione maid, sett and grantit be umquhile Maistir David Lindsay, minister at Leith, persone and viccar of the said paroche kirk and parochin of Restalrige, with expres advyse, consent and assent of Sir Alexander Drumond of Medope, knicht, ane of the senators of the colledge of justice, than indoubted patrone of the said personage and viccarage, to the said Johne, lord of Balmerinoch, thairin than styllit Johne, maister of Balmerinoch, for all the dayes, tyme, yeirs and space of his lyftyme, and eftir his deceis to his neirrest and lawfull airs male and of tailyie specifiet and contenit in his infeftment, of the lands and baronie of Restalrige for all the dayes, yeirs and termes of nynteine yeirs nixt and immediatlie following the said lord, his deceis, quhen it sould happine, all and sundrie the teindscheaves and uthers teinds, fruits, rents, emoluments, proffeitts and dewties quhatsumever of the said haill kirk and parochine of Restalrige, baith personage and viccarage thairof, the entrie thairof begining at the entrie and dait of the said tak, and thaireftir to continew and indure during the said lord, his lyftyme, and nynteine yeirs thaireftir following for payment of ane certane yeirlie dewtie mentionat in the said tak and assedatioun, of the dait the sevint day of September, the yeir of God j^M vj^C and ten yeirs, haill heads, tennor, contents, force, strenth and effect thairof and all that hes followit or may follow upon the said tak in sua far as the samyn tak concernes and may be extendit to all and sundrie the teindscheaves and personage teinds of all and haill thes thrie rowmes and lands of the said towne and lands of Restalrige, with the outsetts, insetts, pairts, pendicles and pertinents thairof, perteining heretablie to Henrie Nisbett, than occupyit be him and the said Marione Arnot, his mother, Maister Lues Stewart, advocat, hir spous, for his entries, and thair tennents lyand within the said towne and territorie of Restalrige, baronie thairof and shirefdome of Edinburgh of the cropes and yeirs of God j^M vj^C threttie and j^M vj^C threttie ane yeirs, and of all yeirs and cropes to come during the yeirs to come and rin of the said tak and assedatioun abonewrittine, and in and to all richt, title and actioun quhilk the said lord, his airs or assignais had, hes or anywayes micht clame, pretend or have in tyme coming to the saidis teindscheaves and personage teinds of all and haill the saidis thrie rowmes and lands abonewrittine, with the pertinents, perteining to the said Henrie Nisbett occupyit as said is, the saidis cropes and yeirs of God j^M vj^C threttie and j^M vj^C threttie ane yeirs or in tyme coming, and transferrit the haill richt thairof in the persone of the said Henrie Nisbett and his forsaidis in ample forme, in maner specifiet in the said contract, as the samyn contract, conteining divers uthers heads, articles, clauses and conditiones maid, sett downe and conceavit in favours of the said Henrie Nisbet, of the dait forsaid, and registrat as said is at mair lenth beirs in all and sundrie the heads, pointes, clauses, articles, circumstances and conditiones thairin contenit, and efter the formes and tennors thairof in all pointes. And our said soverane lord and estates of parliament wills and grants and, for his hienes and his successors, decernes and ordaines that this present ratificatioun of the saidis decreits, act of consignatioun of the pryces of the saidis teinds, discharge givin be the said Lord of Balmerinoche thairon and contract conteining the assignatione forsaid is and sall be of als great strenth, force and effect to the said Henrie Nisbett and his forsaidis for bruiking of the saidis teindscheaves of his saidis lands abonespecifiet, with the pertinents according thairto, as if the samyne haill richts wer all at lenth speciallie and particularlie heirin contenit, ratifiet, and approvin; quhairanent, and with all uther defects and imperfectiones quhilks may be proponit or alledgit againes the samyn or this present ratificatioun thairof, oure said soverane lord and estates of parliament hes dispensit and, be thir presents, dispenses for ever, and that the said ratificatioun be farder extendit in the best forme.