Ratificatione in favours of Sir Johne Smythe

Our soverane lord and estates of parliament ratifies and approves the sex severall chartoures wnderwrittin, quhairof the first made, givine and granted be his hienes umquhill darrest father, King James the Sext of woorthie memorie, to and in favoures of umquhill Robert Smyth, merchand burges of Edinburghe, and umquhill Agnes Purves, his spouse, and to the longest liver of them tuo, in lyferent, for all the dayes of ther lyftymes, and to Johne Smythe, there sone, his aires and assigneyes heritablie, off all and haill the landis of Dubehouse, viz: three aikeres of land lyand in the territorie of Crawmoundrigis, with ane halfe aiker of land neere the landis of Corsterphine, callit the Riggis, with the pertinentes betuixt the landis of umquhill Alexander Crawmound one the south and north parts, and of tuo aikeres with ane halfe aiker of land lyand in the Bondlandis, extending to the mure callit Cruikes one the south and north pairtes, lyand within the said territorie of Crawmound Regis and shereffdome of Edinburghe, wpoun the resignatione of umquhill Johne Eastoun, wretter to his majesties signet, and wmquhill Margaret Cant, his spous, to whom the samene perteyned of befoir; togidder with the advocatione, donatione and righte of patronage of the alter or alterage of Saint Thomas the Apostle situate within the colledge kirke of Saintgeell in the Edinburghe wpoun the resignatione of umquhill Sir Williame Lawsone of Boghall, knycht, to whome the said patronage perteaned heritablie of before, and the new gifte and dispositione of the saidis landis, patronage and others foirsaidis, to be haldine of our said soverane lord and his hienes successoures in free blensh ferme in fie and heritadge in maner mentionat in the said chartour, which is wnder his hienes privie seill of the dait the tuentie day of Julii jM vjC and ten yeeres. The second, ane chartour of confirmatione granted be our said umquhill soverane lord, King James the Sext of worthie memorie, with advyse and consent of his hienes thesaurer depute and commissioneres for the tyme, ratifieand and approveand and for his hienes and his successoures perpetuallie confirmand the chartour made, givine and granted be Johne Mowbray of Cammo, brother and aire to umquhill James Mowbray of Cammo, to the said umquhill Robert Smythe in lyferent for all the dayes of his lyftym, and to the said Johne Smyth, his laufull sone, his aires and assigneys quhatsomevir heritablie and irredeemablie, off all and haill the ten merkeland lyand at the eist end of Crawmondregis with the halfe of that mylne, callit Nudrie Mylne, than occupyed be the said Johne Mubray and his tennentes; togidder with commoun pasturage, libertie, facultie and priviledge of pasturage of thair goodis, and casting and wining of fewell, faill and devet in the commone mure of Crauemond at ther pleasour, and with all the houss, biggingis and yairdes thairupon, with the pertinentes, lyand within the said toune and territorie of Crawemondregis and the said shereffdome Edinburgh, to be holdin of our said umquhill soverane lord and his hienes successoures in fee and heritadge for evir in maner specified in the said chairtour confirmed, quhilke chartour of confirmatione is wnder the great seale off the dait at Edinburgh, the fourt day of Julii, jM vjC fyfteene yeeres. The thirde of the saidis chartours made, givine and granted be his hienes said umquhill darrest father of woorthie memorie, with advyse and consent of his hienes thesaureres principall and deputie and remanent lordis of his hienes secreet counsell of Scotland, his hienes commissioneres for the tyme, to the said Johne Smeithe and Jonet Eleis, his spous, the langest liver of them tua, in conjunctfie, ther aires and assigneyes therin conteanit heritablie, off all and haill the landis and otheres wnderwrittine, viz: off all and haill the said ten merkeland lyand at the said eist end of Crawmoundreges, with the said halfe of the said mylne, callit Nudrie Mylne, with the said commoun pasturage, libertie, facultie and priviledge of pasturage of ther goodis, casting and wining of faill and devet in the said comone muire of Crawmond and all the boundis thairof at there pleasour, with all the houss, biggingis and yairdes theron, with there pertinentes conqueist fra the said Johne Mowbray of Cammo; and of all and haill the saidis landis of Dubhouse abovewrittin conqueest from the said Johne Eastoune and his spouse, with there pertinentes, conteaneing, lying and boundit as said is upoun the said umquhill Robert Smyth and Agnes Purves, his spous, lyferenteres, and the said Johne Smyth, feire thairof, there sone, there resignatione; and of all and haill ane fourt pairt of ane tennendrie of land lyand in the said toune and territorie of Crawmond, with the houss, bigingis, yairdis, toftes, croftes, outsettes, tennentes, tennendries, service of frie tennents, pairtes, pendicles and all ther pertinentes, lyand in the eist end of the said toune of Crawmondreges within the said shereffdom of Edinburgh, wpoun the resignatione of umquhill Johne Livingston in Wester Dudingstoune, portioner of Crawmondreges, to whom the samene perteanit heritablie of befoire, to be holdin of our said umquhill soverane lord and his hienes successours in fie and heritadge for evir in maner specified in the said chartour, quhilk is wnder his hienes greate seale of the daite the tuentie day of December jM vjC and tuentie yeeres. The fourte of the saidis charteres, ane chartour of confirmatione made and granted be our soverane lord the kingis majestie, with advyse and consent of his hienes thesaurer depute and lordis of secreet counsell, his hienes commissioneres for the tyme, ratifieand and approveand and for his hienes and his successoures perpetuallie confirmeand the chartour, venditione and dispositione thairinconteanit mad, givine and granted be the said Johne Mowbray of Cammo to the saidis Johne Smyth and Jonet Eleis, his spouse, the langest liver of them tuo, in conjunctfie, there aires and assigneyes thairinconteyned heritablie and irredeemeablie, off all and haill his halfe of the landis of Southfeeld and Hunterland, with the pertinentes, lyand within the said toune and territorie of Crawmound, with commoune pasturage, libertie and priviledge of pasturage of there goodis and casting and wining of fewell, faill and devete in the said commoune mure of Crawmond and in all the boundis therof at there pleasoure, lyand within the said shereffdome of Edinburghe, to be haldine of our said soverane lord and his hienes successoures in fie and heritadge in maner specified and conteint in the said chartour confirmed and ingrossit in the said chartour of confirmatione, quhilke chartour of confirmatione is wnder the great seale off the dait the fyfte day of Julii, the yeere of God jM vjC tuentie fyve yeeres. The fyfte of the saidis chairtours made, givine and granted be our said soverane, with advyse and consent of his hienes thesaureres principall and deputie and remanent lordis and otheres of his hienes exchekker, his hienes commissioneres for the tyme, to the said Johne Smyth, his aires and assigneyes heritablie, off all and haill the landis of Crawmondreges, with the houss, biggingis, yairdis, toftes, croftes, outsettes, annexis, connexis, dependences, tennentes, tennendries, service of free tennents, pairts, pendicles and pertinentes thairof whatsomevir; togidder with commoune pasturage, priviledge and power of pasturage of thair goodis and casting and wining of ther fewell, faill and devett within all the boundis of the said mure of Cramond at ther pleasour in all tymecomeing, with free ishe and entrie to the said mure of Crawmond then occupyed and possest be Johne and Alexander Howisones, Thomas Dewer, Johnes Kinlayes, elder and younger, Johne2 Snype, Johne Gairdeene, James Dundas, James Wilsone, James Ramsay, Issobell Uchiltrie and Alexander Mccreich, lyand within the lordshipe of Crawmondregis and within the said shereffdom of Edinburghe wpoun the resignatione of Maister Williame Edemsone of Craigcruike and Jonet Davisone3, his spouse, with the new gifte and dispositione thairof mentionat in the said chartour, to be holdine of our said soverane lord and his hienes successors in maner specified in the said chartour, quhilk is wnder his hienes great seale of the dait the tuentie fyfte day of Februare the yeere of God jM vjC therttie tuo yeeres. And the sext of the saidis chartoures made and granted be our said soverane lord, with advyse and consent foirsaid, to Robert Smyth, eldest laufull sone to the said Johne Smyth, and the aires maill lauchfullie to be gottine of his bodie, whilkes faillyeing to returne to the said Johne Smyth, his father, his aires and assigneyes heritablie, off all and hail the said ten merke land lyand at the said eist end of the said toune of Crawmoundreges, with the halfe of the said mylne, callit Nudrie Mylne, with all and sindrieye the houss, biggings and yards therupoun with the pertinentes, and of all and haill the said halfe of the saidis landis of Southfeeld and Hunterland with the said commoune pasturages, liberties and priviledges thairof in the said commoune mure of Crauemond abovementionat, conqueist from the said Johne Mubray wpoun the said Johne Smyth his owne resignatione thairof, to be holdine of our said soverane lord and his hienes successoures in maner specified in the said chartour, quhilke is wnder the greate seale of the dait the tuentie one day of Junii, the yeere of God jM vjC therttie four years. And the tuo chairtours of alienatione and preceptes of seasings thairinconteyned, ingrossit and confirmed in the said tuo chairtours of confirmatione abovementionat, and instrumentes of seasing falloweing upoun the saidis tuo chartours confirmit and preceptes of seasing thairinconteyned, and the procuratories and instrumentes of resignatione wherone the saidis otheres four chairtours of resignatione abovementionat proccedit, and the preceptes of seasing and instrumentes of seasinge fallowing thairwpoun off whatsomevir daites, tennores or contentes the samene chartours, preceptes, seasingis, procuratories and instrumentes of resignatione be of or beeres. As also the contracte made at Edinburghe, the ellevint day of Januare the yeere of God jM vjC thertie three yeeres betuixt Johne, lord of Ballmerinoche, heritable patrone of the paroch kirke of Crawmond, personage and viccarage thair of, and takismane of the teyndshaves of the said parochine one the ane pairt, and the said Johne Smyth, heritoure of the landis above and wndewrittin lyand within the said parochine one the other pairt, acted and registrat in the buikes of counsell and sessione upoun the tuentie [...] day of Januare the said yeere, quhairby the said Johne, lord Ballmerinoch, for the causes onerous thairinconteaned, sauld, assignit, transfered and disponit to the said Johne Smyth, his aires and assigneyes whatsomevir, all right and tytle whatsomevir, quhilke the said Lord of Ballmerino, his aires and assigneyes, hes or may pretend to the teyndis, great and small, personage and viccarage, of all and haill the said Johne Smyth, his landis in Crowmondreges, perteaneing to him heritablie, speciallie and particularlie mentionate and set doune in the said contract, with there pertinentes lyand within the said parochine of Cramond, either be vertue of his heritable infeftment of the said kirke of Crawmond, personage and viccarage thairof, or be vertue of his takis, assidacions and rightes mentionat in the said contract, or otherwayes howsoevir for payment of the yeerlie duetie mentionat in the said contract; and made and constitut the said Johne Smyth and his foirsaidis, his wndoubted sessioneres and assigneyes, in and to his takis and rightes of the teyndis, personage and viccarage, of the said parochine of Crauemound speciallie and generallie mentionate in the said contract, in sua fare as the samene may be extendit to the saidis teyndis of the said John Smyth, his landis mentionat in the said contract, with the pertinentes in tymecomeing, for yeerlie payment as is conteyned in the said contract. And also the wther contracte made and perfyted at Barnetoun the tuentie eight day of Maii jM vjC therttie four yeeres, betuixt the said Johne, lord Ballmerino, patrone and takesman foirsaid one the one pairt, and the said Maister Williame Adamesone of Craigcruike, heritour of the landis thairinconteyned lyand within the said parochine one the other pairt, registrat in the buikes of counsell and sessione wpoun the fyfteene day of Julii thaireftir the said yeere, quhairby the said Johne, lord Ballmerinoch, for the causes onerouse thairinconteant, sauld, assignit, tranffered and disponit to the said Maister Williame Adamsone, his aires and assigneyes whatsomevir all right and tytle whatsomevir, whilke the said Lord of Ballmerino, his aires or assigneyes hes or may pretend to the teyndis, great and small, personage and viccarage, off all and haill the said Maister Williame Edemsone, his landis of Craigcruike, Grottell, Cleermestoune and Southfeeld, with all and sindrie there pairtes, pendicles and pertinentes, lyand within the said parochine of Crawemound and shereffdome of Edinburghe foirsaid, ather be vertewe of his heritable infeftment of the said kirke of Crawemond, personage and viccarage thairof, or be vertewe of his takes, assidationes and rightes mentionat in the said contract or otherwayes housoevir, for payment of the yeerlie duetie mentionat in the said contract, and made and constitute the said Maister Williame Adamesone and his foirsaidis, his wndoubted cessioneres and assigneyes, in and to his takes and reightes of the teyndis, personage and viccarage, of the saidis landis lyand within the parochine of Crawmound, with the pertinentes mentionat in the said contract, in so fare as the samene may be extendit to the saidis teyndis of the said Maister Williame, his landis mentionat in the samene contract, with the pertinentes, in tymecomeing, for yeerlie payment as is conteyned in the said contract. As also the assignatione made be the said Maister Williame Ademsone of Craigcruike to the said Johne Smyth and his foirsaidis, off the dait the sexteene and nynteene dayes of Junii and August the yeere of God jM vjC therttie fyve yeeres, registrat in the burrowe court bookes of Edinburghe wpoun the tuentie nynt day of the said moneth of August the said yeer, wherby the said Maister Williame Adamsone, with consent of the said Jonet Adamesoune, his spous, made and constitute the said Johne Smythe and his foirsaidis ther assigneyes in and to the said contract made betuixt the said Johne, lord of Ballmerinoche, and the said Maister Williame Adamsone, of the dait foirsaid, and in and to the saidis takes and rightes of the saidis teyndis of the saidis Maister Williame, his saidis landis abovewrittin, assignit, transferrit and disponit be the said lord to him in maner specified in the said contracte, haill heedis, tennour, contentes, force, strenth and effect therof, and all that hes fallowed or may fallowe thairwpoun, in so farr as the samene consernes or may be extendit allenerlie to the teyndis, personage and viccarage, of the saidis landis of Grottell, with the pertinentes, disponit be the said Maister Williame to the said Johne Smyth in maner thairinconteyned off the cropt and yeere of God jM vjC thertie fyve yeeres and in tymecomeing, in all and sindrie the heedis, poyntes, clauss, articles, circumstances and conditiones conteynit in the saidis chairtoures, infeftmentes, contractes, assignatione and rightes speciallie and generallie abovementionat, and efter the formes and tennoures thairof in all poyntes. And our said soverane lord and estats of parliament willis and grantes and, for his hienes and his successoures, decernes and ordeanes that this present ratificatione of the saidis chartores, contractes, assignation and otheres rightes speciallie and generallie abovewrittin is and shall bee alse valied, effectuall and sufficient, and of alse great strenth, force and effect to the saidis John Smyth, Jonet Eleis, his spous, and Robert Smyth, ther sone, there aires and assigneyes foirsaidis thairinconteyned, for bruiking of the saidis landis, teyndis and otheres abovewrittin thairinmentionat, in all tymecomeing according thairto, as if the samene haill rightes speciallie and generallie abovewrittin were all at lenth de verbo in verbum ingrost, insert and conteaned in this present ratificatione, notwithstanding the samene be not sua done; quhairanent, and withall other defectes and imperfectiones and objectiones whilkis may be proponit againes the samene4 or this present ratificatione thairof, our said soverane lord and estates of parliament hes dispensit and be thir presentes dispenses for evir.

  1. NAS, PA2/22, f.249r-251v.
  2. APS suggests 'Andro?' in square brackets.
  3. APS suggests 'Adamsone?' in square brackets.
  4. APS interpolation. 'or any of thame and validities of the samyn', taken from the original warrant at NAS, PA6/6, '17 November 1641'.