[1641/8/400]¹

²Ratificatione of the contract betuixt the kingis majestie and the Erle Mershall anente the wodsete of the lordshippe of Deere

Our soverane lord and estates of parliament have ratified and approvine and, be the tennor heerof, ratifies and approves, the contract and appoyntment mad betuixt his majestie, with advyse and consent of his hienes trust cusigne and counsellor Johne, erle of Traquair, lord Lintoun and Caverstoun, great thesaurer, comptroller, collectour generall and thesaurer of his majesties new augmentationes within this kingdome of Scotland, and of his majesties trustie counsellor Sir James Carmichaell of that ilke, knycht barronet, his hienes deputie in the saidis offices, and alse of the remanent lordis of his majesties exchekker of the said kingdome of Scotland one the one pairt, and his majesties trust cusigne and counsellour Williame, erle Mershell, lord Keeth and Altrie, sone and air servit and retoured to umquhile Williame, erle Mershall, lord Keeth and Altrie etc., his father, one the other pairt, of the dait at the court of Whythall in Ingland and Innerrugue in Scotland, the fourteene and tuentie eight dayes of November, the yeer of God j^M vj^C therttie eight yeeres, relative to the band and obligatioun thairinspecifiit granted be our said soverane lord to the said umquhile Williame, erle Mershall wpon the payment of the soume of fyfteene thowsand pund sterling money, be the quhilke contract our said soverane lord, with advyse and consent foirsaid, faithfullie promitted, band and obleist him and his successoures in verbo principis to give and grant to the said Williame, now erle Mershall, his aires maill and assigneyes whatsomevir, ane chartour and infeftment wnder his hienes great seale of this said kingdome, quhairby his majestie, with consent as said is, should give, grant and dispone to the said Williame, erle Mershall, his aires maill and assigneyes foirsaids, heritablie and irredeemablie, all and sindrie the landis, wodis, fishingis, castelles, toures, fortalices and otheres particularlie therinspecifiit, off old perteaneing to the lordshipe and abbacie of Deare, and which perteaned in propertie to the said Williame, erle Mershall and his predicessores befor the dait of ther infeftment of erectione of the said lordshipe, and wherof the said erle was then in possessione; and als all and haill the landis and otheres thairinexprest of the said lordshipe of Deere, perteaneing sicklyke in propertie to the said Erle Mershall and his predicessoures be vertew of the said infeftment of erectione, and wherof they had no few infeftment befor ther infeftment of erectione of the said lordshipe, to be haldine of our said soverane lord and his hienes successoures in fewferme and heritadge for the yeerlie payment of the fewmailles and fewferme dueties mentionat in the said contract; and sicklyke should give, grant and dispone to the said Williame, erle Mershall and his foirsaidis, heritablie and irredeemablie as said is, all and sindrie the paroche kirkes of Deare, Foverane, Petervgie and Kinedward, advocationes, donationes and rights of patronages thairof, togidder with the haill teyndis, personage and viccarage, of the parochines of the samene and otheres teyndis, fruits, rentes, emolumentes, proffites and dewties perteaneing and belonging therto, all lyand within the said abbacie of Deare, and ther eftir erected lordshipe of Altrie and shereffdome of Abirdeene, reserveing allwayes to the ministeres serveing the cuire at the saidis kirkes ther modified stipendis modified to them, conforme to the act of parliament, to be haldine of our said soverane lord and his hienes successoures in free blenshe for the yeerlie payment of the blenshe dewtie specified in the said contract, be the quhilke contract also his majestie, with advyse and consent foirsaid, exonered, quytcleamed and simpliciter dischairged the said Williame, erle Mershall, his aires and executours, as also the aires and executors of his said umquhile father and all otheres whom it effeires, of the few mailles, few fermes and otheres dewties of his proper landis mentionat in the said contract yeerlie and ilk yeer of the yeeres of God j^M vj^C tuentie sevine, tuentie eight, tuentie nyne, thertie, thertie one, thertie tua, thertie thrie, thertie four, thertie fyve, thertie sex, and j^M vj^C thertie sevine yeeres; and of the blenshe duetie of the said lordshipe of Altrie, extending to ane hundreth and fourtie pundis usuall money of this realme yeerlie, and that of the haill bygone yeeres since the parliament j^M vj^C therttie three; as lykewayes of the soume of four thowsand merkes money foirsaid of this said realme dewe to his majestie for the taxt dewtie of the said Williame, erle Mershall his mariage, and of the soume of sex hundreth merkis Scottis money foirsaid for the yeerlie taxt waird duetie of the lordshipe of Innerrugie off the time of Mertimes j^M vj^C therttie fyve yeeres, Whitsonday and Mertimes yeerlie and ilke yeer of the croptes and yeeres of God j^M vj^C therttie sex and j^M vj^C therttie sevine yeeres, and of the terme of Whitsonday j^M vj^C therttie eight yeeres; and alse of the soume of sex hundreth merks money foirsaid for releef of the said lordshipe; and also of fyve hundreth and ellevine pundis, tua shillingis Scottes money foirsaid for the nonentrie retoure dewties of the lordshipe of Dunotter, conteaneing the particulare landis, barronies and otheres therto unite; and of the landis of Kinnellare and few dewties of the davakes of Kintour and mylne therof, and doubling of the samene; and of all actione, instance and persute competent or that may be competent to his majestie or his foirsaidis for the saidis soumes, in maner specified in the said contract, be the quhilke, lykewayes his majestie, with consent as said is, gave, granted, woodset and impignorat and disponit to the said Williame, erle Mershall, his aires and assigneyes foirsaids heritablie all and sindrie the few mailles, fewfermes and otheres dueties of the said erle, his saidis proper landis mentionat in the said contract, togidder with the blenshe duetie thairinspecifiit, extending to the said soume of ane hundreth and 40 pundis yeerlie, and with the superioritie of the wtheris landis wnderwrittin, and haill dueties and casualities perteaneing to the saidis superiorities, viz: of the landis of Klakeriache, Litle Elrige, Fechill and Monkisshill, with the pertinentes, lyand within the said shereffdome of Abirdeene; and of the landis of Barrie, lyand within the shereffdome of Bamffe; and alse of the halfe of the landis of Grange of Rahill and Fishertoun of Peeterheed, with the pertinentes, lyand within the shereffdome of Abirdeene. Lykeas his majestie, with consent as said is, band and obleist him and his successoures in verbo principis to infeft and sease the said Williame, erle Mershall and his foirsaidis heritablie thairintill to be haldine of his majestie and his saidis successoures in free blenshe in maner specified in the said contract, redeemable allwayes and wnder reversion in maner thairinconteaned be payment of the soume of three thousand pundis sterling usuall money of the realme of England, and sevine thowsand and nyne hundreth merks money of this realme of Scotland; and be the quhilke contract lykewayes his majestie, with consent foirsaid, band and obleist him and his saidis successors in verbo principis thankefullie to content and pay to the said Williame, erle Mershall, his aires, executoris or assigneyes the soume of fyve thousand pundis sterling money foirsaid, conforme to the precept and warrand granted be his majestie to his hienes thesaurer for that effect, in maner specified in the said contract, as the samene in the selffe more fullie proportes, togidder with the signatoures and infeftmentes falloweing and appoynted to fallow thairwpoun, and made for fullfilling therof, daited the eight day of Februare lastbypast, the yeere of God j^M vj^C therttie nyne yeeres instant, in the haill heedes, articles, clauss, circumstances and conditiones of the said contract, signatours and infeftmentes respective. And willis, grantes and declaires that this present generall ratificatione and approbatione thairof is and shall be alse valid, effectuall and sufficient to the said Williame, erle Mershall, his aires and assigneyes foirsaids as if the samene contracte, signatoures and infeftmentes respective were at lenth word be word ingrossit and sett doune heerintill, and alse as if the saidis signatoures and infeftmentes were allreddie past and expede the great seale; anent the quhilke, and all faultes and imperfectiones therof that may be proponit or alledged aganes the validitie of the said contract, signatoures and infeftmentes falloweing and appoynted to fallow thairwpoun, or this present generall ratificatioune and approbatione thairof, his majestie and estates foirsaidis hes dispensit and be thir presentes dispenses for evir.