[1641/8/408]¹

Ratificatione in favoures of Sir John Hammiltoun of Orbestoun, justice clerke, of his infeftment of the landis of Orbestoun

Our soverane lord, with advyse and consent of the estates of this present parliament, ratifies and approves the chartour of confirmatione made, givine and granted be his majestie wnder his hienes great seale, wherby his hienes, with advyse and consent of his hienies right trest cousing and counsellour Williame, erle of Mortoun, lord Dalkeeth and Aberdoure, heeghe thesaurer, comptroller, collector generall and thesaureres of his majesties new augmentationes, and with advyse and consent of his hienes right trust cusigne and counsellor Jon, erle of Traquair, lord Lintoun and Caberstoun, thesaurer deput for the tyme, now thesaurer prinicpall, and remanent lordis of exchekker of the kingdome of Scotland, hes ratified, approvine and confirmed the chartores, infeftmentes, preceptes of seasing thairinconteaned, precepts of clare constat and instrumentes of seasing respective wnderwrittin therinconteaned, made, givine and granted be the persones respective eftirnominat to umquhile Johne Hammiltoune of Orbestoun and to his majesties right trustie counsellor Sir Johne Hammiltoune, now of Orbestoune, knycht, justice clerke and ane of the senatores of the colledge of justice, designit thairby Johne Hammiltoune of Orbestoune, sone and air of the said umquhile Johne Hammiltoune of Orbestoune, his father, of the landis, mylnes, teyndis and otheres respective eftirspecifeit in maner falloueing, to witt: the chartor and infeftment of fewferme made, givine and granted be his hienes right trust cusigne and counsellour Williame, marques of Douglas, designit thairby William, erle of Angus, lord Douglas and Abernethie, to the said umquhile Johne Hammiltoune of Orbestoun, his aires and assigneyes heritablie and irredeemablie, without any reversione, redemptione or regres, off all and haill the four pund land of Wnthanke of old extent, with the pertinentes, as alse of all and haill these thrie pund land also of old extent lyand in the toune of Bothuell, somtyme occupyed be the said umquhile Johne Hammiltoun, Gawene Young and Johne Jake, induelleres in the said toune of Bothuell, his tennentes, togidder with that pairt and portione of the commountie belonging to the said three pund land, callit Bothuell Sheelles, also occupyed be the said umquhile Johne Hammiltoun, Johne and Thomas Whitlawes, his tennentes, with all and sindrie thair pendicles and pertinentes, all lyand in the barrony and regalitie of Bothuell and within the shereffdome of Lanarke, to be haldine of our said trust cusigne, now marques of Douglas, and his aires maill, in few ferme and heritadge for evir, togidder with the precept of seasing insert in the said chartour, of the dait at the burghe of the Cannogaite, the tuentie day of November, the yeer of God j^M v^C fourscoir nynteene, togidder with the instrument of seasing falloweing therwpoun, off the dait the penult day of December j^M vj^C and tua yeeres wnder the signe and subscriptione manuell of Robert Lambie, notar publict. Item, the precept of clare constat granted be the said Williame, now marques of Douglas, designit be the said precept in maner abovewritin to the foirsaid Sir Johne Hammilton, now of Orbestoun, knycht, for infefting of him as air of the said umquhile Johne Hammiltoune of Orbestoun, his said father, in all and haill the landis, commontie and otheres abovedesignit, of the dait at the castle of Douglas, the fyfte day of September the yeere of God j^M vj^C tuentie ane yeeres, togidder with the instrument of seasing fallowing thairwpoun, off the dait the sext day of December, the said yeere of God j^M vj^C twentie ane yeeres wnder the signe and subscriptione manuell of Williame Loudoune, notar publict. Item, the chartour and infeftment of fewferme mad and givine be umquhile Maister Gawene Hammiltoun, proveest of the colledge kirke of Bothuell, with consent of the prebendars therof and with consent of umquhile Walter, erle of Buccleughe, designit thairby Walter Scott of Branxholme, knycht, and wndoubted patrone of the said proveestrie of Bothuell, and of his commissioneres haveand his speciall power and commissione and subscryveres of the samene, to the said umquhile Johne Hammiltoun of Orbestoun, his aires and assigneyes whatsomevir heritablie, off all and haill the landis of Orbestoun, with the maner place, houss, biggingis, yairdis, orchyairdis, wodis, fishingis, midowes, greenes and dowcattes, pairtes, pendicles and all ther pertinentes, lyand in the barrony or lordshipe of Bothuell and within the shereffdome of Lanarke, togidder with the teyndis, alsweell personage as viccarage, thairof includit, as also of all and haill the mylne of Orbestoune and multoures therof, with houss, yairdis and ther pertinentes, togidder with the haill thirle, sequeles and astricted multoures off the tounes and landis falloweing, viz: of the toune and landis of Orbestoune, Carnbrew, Unthanke, Stevinestoun, Elderstoun, Carphine, Jervestoun, Richard Johnestoune and Kirkelie lyand in the said barrony of Bothwell, and of all otheres landes usit and wont; and in lykemaner, of all and haill the nether mylne of Orbestoune situat wpoun the water of Calder betuixt the saidis landis of Orbestoun, as also of all and haill the kirke landis of Bothuell, with houss, biggings, yairds, pairtes, pendicles and all thair pertinentes, with the teyndis, alsweell personage as viccarage, therincludit lyand in the said toune and territorie of Bothuell and shereffdom of Lanerk, reserveing nevertheles to the said Maister Gawen Hammiltoun and his successoures proveestes and ministers serveing the cuire at the said kirke of Bothuell ane reasonabill gleebe of foure aikeres of land of the samene kirke landis with the mansion yairdis and ther pertinentes, then occupyed be the said umquhile Maister Gawine, conforme to the act of parliament made anent designatiouine of manses and gleebes to ministeres serveing the cure at the said kirke allenerlie, to be holdine of the said umquhill Maister Gawane Hammiltoune and his successoures proveestes of the said colledge kirke of Bothuell in fewferme and heritadge for evir, togidder with the precept of seasing insert in the said chartour off the dait at Hammiltoun and Leith respective, the third day of Maii and eight day of October, the yeer of God j^M vj^C and four yeeres, togidder with the instrument of seasing falloweing thairupon, off the dait the therteene day of Januare, j^M vj^C and fyve yeeres, wnder the signes and subscriptiones manuell of umquhile Johne Robertoun and Robert Lambie, notares publict. Item, the precept of clare constat made and givine be Maister Robert Boyd, now proveest of the said colledge kirke of Bothuell, to the said Sir Johne Hammiltoune, now of Orbestoune, for infefting him as air foirsaid of the said umquhile Johne Hammiltoun of Orbestoune, his said father, in all and haill the foirnamed landis of Orbestoun, kirke landis of Bothuell, mylnes, teyndis and otheres respective abovementionat, quhilkis are designit in the said chartour of fewferme made and granted be the said Maister Gawene Hammiltoune with consent abovewrittin to the said umquhile Johne Hammiltoune of Orbeston and conteaneing the foirsaid reversioun, off the dait at Bothwell, the fyfte day of December, the yeere of God j^M vj^C tuentie ane yeeres. Item, the instrument of seasing falloweing therwpoun, of the dait the sext day of December, the said yeere of God j^M vj^C tuentie ane yeeres, wnder the signe and subscriptioun manuell of the said Williame Loudoun, notar publict. Item, the chartour and infeftment of gifte made, givine and granted be his hienes right trust cusigne and counsellour James, now marques of Hammilton, erle of Arrane and Cambridge, lord Aven and Innerdaill, to the said Sir Johne Hamiltoune, now of Orbestoun, knycht, designit in maner above specifiit, his aires and assigneyes whatsomevir heritablie and irredeemablie, of all and haill the fourtie shilling land of old extent of Wester Moffet and ten shillingis land of old extent Moffethillendis, with houss, yairdis, commodities, priviledges and all ther pertinents somtyme occupyed be the said umquhile Johne and his tennentes, lyand in the said barrony of Bothuell Mure and shereffdome of Lanarke, to be holdine of his hienes right trust cusigne and counsellor James, now marques of Hammiltoun, his aires and successoures in free blenshe ferme, with the precept of seasing insert in the said chartour, off the dait the tuentie² day of Maii, the yeere of God j^M vj^C therttie ane yeeres, togidder with the precept of seasing falloweing thair wpoun, off the dait the tuentie fourt day of Maii, the said yeere of God j^M vj^C therttie ane yeeres, wnder the signe and subscriptione manuell off Bartholomew Robertoun, notar publict, in all and sindrie heedis, poyntes, clauss and conditiones therof, in all and be all things and with the lyke effect as is conteaned in the saidis chartoures, infeftmentes and preceptes of clare constat, saiffand and reserveand to our said soverane lord and his hienes successoures rightes and services off all and sindrie the foirnamed landis, mylnes, teyndis, commonties and otheres particularlie abovewrittin adebted and in use to his hienes and his predicessours for the samene befor the said confirmatione. As lykewayes our said soverane lord, with consent abovewrittin, be the foirsaid chartour of confirmatione dispenssit, for his hienes and his successoures, with the seasingis takine befor the said confirmatione, and decernit that the said confirmatione should be of alse great force, strenthe and effect to the said Sir Johne Hammiltoune, now of Orbestoune, his aires and assigneyes abovewrittin, as if all and sindrie the saidis chartores, preceptes, infeftmentes, seasingis thairinconteaned, preceptes of clare constate and instrumentes of seasing above conteaned fallowing therwpoun wer all at lenth word be word insert in the said chartour of confirmatione, and dispensit with the not inserting therof, quhilke chartor of confirmatione is of the dait at Edinburgh, the tuentie eight day of November, the yeere of God j^M vj^C therttie fyve yeeres, in all and sindrie heedis, articles, clauss and conditiones therinconteaned efter the forme and tennour therof in all poyntes; and wills and declaires that this present ratificatione is and shall be alse valied and effectuall to the said Sir Johne Hammiltoune, now of Orbestoune, knycht, and his foirsaidis, as if the foirsaid chartour of confirmatione, chartores, preceptes, seasingis and otheres abovementionat therby confirmed wer insert heerintill word be word, quhairanent his majestie and estates foirsaidis dispenses for evir.