[1663/6/51]¹

Act in favour of Doctor [Alexander] Colville

Our sovereign lord, with advice and consent of his estates of parliament, ratifies and approves a signature superscribed by his majesty in favour of Doctor Alexander Colville, professor of divinity in the university of St Andrews, his heirs and assignees mentioned in the foresaid signature, of the lands of Lurg Kincardine, seventeen acres, teinds and others therein specified, of the date at Whitehall, 15 August 1661, wherein he is designed Mr Alexander Colville, with the charter and infeftments therein related and charter to follow thereupon, with the precept and sasine to follow upon the same signature and charter, together also with all other charters, infeftments, sasines and other rights and securities made to the said Doctor Alexander Colville, or any of his predecessors and authors of the lands, teinds and others particularly and generally above-mentioned expressed in the foresaid signature, and to be expressed in the charter, precept and sasine to follow thereupon, in the whole heads, articles, clauses, conditions and circumstances contained in the said signature, and to be contained in the said charter, precept and sasine to follow thereupon, after the form and tenor thereof, and wills and grants that this present ratification of the foresaid signature, charter, infeftment and other rights, specially and generally above-expressed, shall be as valid and effectual as if the same and whole tenor thereof were at length, and word for word, inserted in this ratification and ratified expressly, notwithstanding that the same are not expressly inserted herein; with the which his majesty, with consent foresaid, for himself and his successors, dispenses for ever. And further, his majesty, understanding that his majesty's deceased royal grandfather, of happy and blessed memory, in consideration of the many good and faithful services done to him by the said Doctor Alexander Colville's deceased grandfather, was pleased to except the foresaid lands of Lurg Kincardine, seventeen acres of land and others foresaid, from the general annexation of all the kirklands within this kingdom to the crown, and thereafter conveyed the same lands, acres and others to the said Doctor Alexander Colville's deceased father, and his heirs which were since then also conveyed by his majesty's deceased royal father, of eternal memory, to the said Doctor Alexander Colville by his infeftment under the great seal in the year 1642; in respect whereof in the year 1644 the same lands were of new dissolved, and in the late acts anent the vassals of kirklands in the year 1647 and 1649, the same are expressly excepted in favour of the said Doctor Colville and his heirs, and albeit these acts are repealed and annulled, yet the cause remains. And his majesty and estates of parliament, considering that the said Doctor Alexander Colville has, in all the late troubles and confusions, behaved himself faithfully and affectionately to his majesty and to the benefit, peace and happiness of this kingdom, therefore his majesty, with advice and consent of his estates of parliament, has dissolved and, by this act, dissolves all and sundry the lands, teinds and others particularly and generally above-mentioned from his majesty's crown and from all acts of annexation, and especially from the act of annexation in the year 1633; with the which and anent all general laws whatsoever made and to be made in the contrary, his majesty, with consent foresaid, has dispensed and hereby dispenses for ever. To the effect the same lands, teinds and others particularly and generally above rehearsed may be conveyed to the said Doctor Alexander Colville, his heirs and successors and, in testimony thereof, his majesty, with consent foresaid, does give and convey to the said Doctor Alexander Colville, and his above-specified heritably and irredeemably, the lands, teinds and others particularly and generally above-expressed, with tenants, tenantries and service of free tenants thereof, to be held of his majesty and his successors in blench and feu ferm respectively for payment of the blench and feu duty mentioned in the foresaid signature and infeftments whereupon the same is founded, and recommends to his majesty's treasurer principal and depute and remaining lords of exchequer to pass the foresaid signature, or a new signature if need be, with this declaration and restriction: that the foresaid signature, infeftment to follow thereupon and this present act of parliament so far as the same concerns the lands and others now pertaining to [Alexander Bruce], earl of Kincardine, shall be restricted only to the feu duties thereof so that, by virtue of the said Doctor Alexander Colville's right above-specified, he and his successors shall have the irredeemable right of the said feu duties in all time coming, and the said earl of Kincardine, his heirs and successors shall hold their part of the same lands and others foresaid of his majesty, without prejudice of the said Doctor Alexander Colville and his above-specified's right of the feu duties of the same, and of their right and full benefit of their said rights in so far as concerns the remaining lands of Lurg Kincardine and others mentioned in the foresaid signature, and to be mentioned in the infeftment to follow thereupon, in addition to the lands and others belonging to the said earl of Kincardine, with this declaration: that it shall be in the option of the feuar of the said remaining lands, either to hold the same of his majesty or the said Doctor Colville, his heirs and successors, without prejudice of his and his foresaids irredeemable right of the said feu duties of their lands.