[1705/6/132]¹

Ratification of a charter under the great seal in favour of the deceased Mr William Hamilton, son to the late Lord Basil Hamilton [of Baldoon]

Our sovereign lady, with the special advice and consent of the estates of parliament, ratifies, approves and perpetually confirms a charter under her majesty's great seal of the date at St James's, 15 May 1702, granted by her majesty, with consent of the lords and other commissioners of her treasury and exchequer for the time, to the deceased Mr William Hamilton, eldest lawful son of the late Lord Basil Hamilton, and to his heirs and assignees whatsoever heritably and irredeemably, of all and sundry the lands, baronies, mills, woods, fishings and others after-mentioned. All and whole the lands of Baldoon and Clauchrie, with the manor place of Baldoon, houses, biggings, yards, orchards, outsets, insets, parts, pendicles and entire pertinents of the same, with the salmon fishings and other fishings in the water of Bladenoch used and wont. All and entire the twenty merk land of Kirkinner lying contigue, comprehending the lands of Milton with the mill thereof called Milldriggan, multures and sequels of the same, and the lands of Skate, Kirriemainoch,² Cruck³ and Little Hills, with houses, biggings, yards, pasturages, parts, pendicles and whole pertinents thereof; all and entire the kirklands of Kirkinner, with houses, biggings, yards, parts, pendicles and pertinents of the same; and all and whole the lands of Kirriewhirne,⁴ with houses, biggings, yards and pertinents, all lying in the parish of Kirkinner and sheriffdom of Wigtown. All and entire the twenty merk land of Itoun,⁵ comprehending the five merk land of Skellarie and Boigcroft,⁶ the five merk land of Balfern, the five merk land of Stewarton and five merk land of Orchardton, with houses, biggings, yards, orchards, annexes, connexes, dependencies and pertinents thereof whatsoever, lying within the parish of Kirkinner and sheriffdom of Wigtown foresaid. All and entire the ten merk land of Lybrack,⁷ with houses, biggings and pertinents thereof, lying in the parish and sheriffdom foresaid. All and entire the lands of Kilsture, Cleuch and Blair, with the corn and waulk mill of Blair, mill lands, multures and sequels of the same, lying in the parish of Sorbie and sheriffdom above-mentioned. All and whole the ten merk land of the Kirklands of Wigtown, with all the houses, biggings, yards, orchards, parts, pendicles and pertinents thereof, lying in the parish and sheriffdom of Wigtown, and all and whole the lands of Culquhirk, with houses, biggings, yards, tofts, crofts, parts, pendicles and pertinents, lying in the said parish and sheriffdom of Wigtown. And also, all and sundry the lands, baronies and others after-mentioned, lying in the stewartry of Kirkcudbright, namely all and entire the lands of Kirkdale and Broch, with houses, biggings, yards, woods, parts, pendicles and pertinents thereof, lying in the parish of Kirkdale now annexed to Kirkmabreck, otherwise called Ferrietoun and stewartry foresaid. All and whole the lands of Auchengassel, and all and sundry the lands of Kirkchrist and the temple crofts of the same, the lands of Merse and the old Mill of Kirkchrist, mill lands, multures and sequels thereof, with the jurisdiction and office of bailiary of the said lands, lying in the said stewartry. All and entire the lands of Borness, with houses, biggings and pertinents. All and entire the lands of Nuntown and Bishopton and [...] with the mill and salmon fishings and other fishings upon the water of Dee apprised at the instance of Sir David Dunbar from William Brown of Newton. All and entire the lands of Bamangan⁸ with the islands of Meikle and Little Ross and their whole pertinents, lying in the parish of Kirkanders and stewartry above-written, and all and entire the lands of Culcaigrie and lands of Trostrie, with houses, biggings, yards and pertinents, lying in the parish of Twynholm and stewartry foresaid. And also all and whole the lands and barony of Twynholm comprehending the lands and others after-mentioned, namely, all and entire the manor place, tower and fortalice of Twynholm, alias Compston, with houses, biggings, yards, woods, parks, parts, pendicles and pertinents. All and entire the mains of Twynholm, lying contigue to the manor place, commonly called the Boirland of Compston, with the salmon fishings upon the water of Dee pertaining to [...] of Twynholm. All and entire the lands of Over Compston, with the pertinents. All and whole the lands of Kempleton, mill thereof, mill lands, multures and sequels of the same; the lands called Ingleston as a part and pertinent of the said barony; the lands of Blackmark alias Merks; the lands of Overmaines in Twynholm, alias Old mains; the lands of Glengep; the lands of [...] with the mill and mill lands, multures and sequels thereof; the lands of Belmacample,⁹ alias Campbelton, with all other lands in the said barony of Twynholm, by whatsoever name or designation the same are known, with all and sundry houses, biggings, yards, mosses, muirs, meadows, pasturages, tenants, tenantries and service of free tenants of the said whole lands and baronies, with the advocation, donation and right of patronage of the kirk and parish of Twynholm. All and entire the lands of Balcarry, with the pertinents, lying in the parish of Rerrick, alias Dundrennan and stewartry foresaid. All and entire the lands of Overlaw, with houses, biggings, yards and pertinents, lying in the same parish. All and whole the lands of Balig, and all and whole the lands of Culnaightrie, Hazelfield and Drungans, with houses, biggings, yards, parts, pendicles and pertinents, lying in the said parish of Dundrennan and stewartry above-mentioned. And all and entire the lands and barony of Bombie, comprehending the lands, houses, mills, woods, pasturages, fishings and others after-specified namely, all and whole the lands of Bombie, with the mill called the mill of Bombie, multures and sequels of the same, woods, fishings and shaws thereof. All and entire the castle or manor place of Kirkcudbright, situated at the east end of the town of Kirkcudbright, with houses, biggings, yards, orchards and pertinents. All and entire the lands of Lochfergus; the lands of Auchinflower; the lands of Blackstockarton and Burnsidecroft; the lands of Littlestockartoun;¹⁰ the lands of Brockloch and Whitecloss,¹¹ Whinnieliggate and Redbrae; the lands of Meikle Sypland; the lands of Little Sypland; the lands of Gribdae; the lands of Merks and Kilbride; the lands of Jordanland, Bettland¹² and Glenlay. All and entire the lands of Gorgrego¹³ and Corriedow, lying in the parish of Balmaclellan, and all and whole the lands of Polmaddie, with the mills, mill lands, multures and sequels thereof, lying in the parish of Kells and stewartry foresaid. All and entire the lands of Borness; the lands of Chapleton and lands of Barmagechan. All and entire the lands of Plumtoun,¹⁴ with mills, multures, woods, fishing and pertinents, lying in the united parishes of Kirkanders and Borgue. All and entire the lands of Auchleand, Milnthird and Low Arkland, with houses, biggings, mills, woods, fishings and pertinents of the same, lying in parish of Kirkcormac¹⁵ and stewartry above-specified, and all formerly united and erected in one barony called the barony of Bombie. All and entire the lands of Balgreddan, with houses, biggings and pertinents, lying in the said parish and sheriffdom of Kirkcudbright. All and whole the lands of Littlekirkland. All and entire the lands of Meiklekirkland, with the jurisdiction and office of bailiary of the said lands. All and entire the lands of Grange and cottages thereof, and all and whole the lands of Mutehill, and all and whole the Milton of Dunrod, and all crofts pertaining thereto, and all and entire the mill of Dunrod, mill lands, multures and sequels thereof and all crofts thereto belonging, and all and whole the Kirklands of Dunrod, houses, biggings, crofts and pertinents of the same, and specially these crofts called Tonguecroft, Soulter slack croft and Glonancroft. All and entire the lands of Little Gatwa and lands of Meikle Gatwa, the lands of Knockovergatwa,¹⁶ lying in the parish and stewartry foresaid, and all and whole the mill of Kirkcudbright called the town-mill, with the mill lands, astricted multures and other multures, bannock and sequels of the same. All and entire the lands of Culdoch and Carse of Culdoch, with houses, biggings, yards, fishings, crofts, fisheries and whole parts, pendicles and pertinents of the same used and wont. All and entire the lands of Drummore and Balsire, and the lands of Mulloch and Girstingwood, within the said stewartry, formerly pertaining to John Ewart and adjudged from him at the instance of Robert Rutherford and conveyed to Sir David Dunbar of Baldoon, or to some other for his use, and all and whole the lands of Airieland and all and whole the lands of Netherthird, with the whole houses, biggings, woods, fishings, parts, pendicles and pertinents of the same, lying in the parish of Kirkcormac¹⁷ and stewartry foresaid. And also all and entire the lands and barony of Newark containing and comprehending the five merk land of Ingliston, the lands of Lag, the lands of Ruchtill,¹⁸ the lands of Routin Bridge, the lands of Dalquhairn, the lands of Hallhill, the lands of Newark, the lands of Brae, the lands of Gateside, the lands of Cludan, with the corn and waulk mills of Newark and the manor place of the said lands and barony, houses, biggings, yards, orchards, outsets, insets, tenants, tenantries, woods, fishings, advocation, donation and right of patronage of the kirk and chaplainry thereof, parts, pendicles and whole pertinents of the same, lying within the parish of Irongray and stewartry of Kirkcudbright, which formerly pertained to Robert Graham, late provost of Dumfries, and were apprised and adjudged from him at the instance of David Dunbar, younger of Baldoon, with all right, title and interest which her majesty had, has or in any way may have claim or pretend to the foresaid lands. By which charter her majesty, with consent foresaid, did also give, grant and convey in favour of Lady Mary Hamilton, widow of the said deceased Lord Basil, and to her heirs and assignees during all the days of her lifetime for her liferent use only, all and whole a yearly liferent of 8,000 merks Scots money free of all public burdens yearly, to be uplifted and taken at two terms in the year Whitsunday [15 May] and Martinmas [11 November] by equal portions beginning the first term's payment at the term of Martinmas preceding the date of the said charter, which was the first term following the decease of the said Lord Basil and, thereafter, yearly and termly during her lifetime, furth of all and whole the lands of Baldoon and Clauchrie and furth of the other lands, fishings, acres and others therein mentioned or furth of any part or portion of the same, and also the liferent use of the manor place of Baldoon, with office, houses, yards and orchards pertaining thereto, free of all public burdens in manner fully expressed in the said charter, which proceeds on the several adjudications therein mentioned obtained against the said Lady Mary Hamilton formerly designed Lady Mary Dunbar, as lawfully charged to enter heir to the said deceased Sir David Dunbar of Baldoon, her grandfather, and the said late David Dunbar, younger of Baldoon, her father, and who had renounced to be heir to them, and which adjudications were conveyed in the person of the said deceased Mr William Hamilton, as is at length mentioned in the said charter, and also proceeds on the resignation of the said late Lord Basil Hamilton in manner specified therein, whereby also, all and sundry the lands, baronies, mills, woods, fishings and others above-written are all of new given and conveyed to the said Mr William Hamilton, his heirs and assignees foresaid, and it is declared lawful to them to possess the lands and others foresaid by virtue of all or any of the rights and titles therein mentioned then in his person or which he should thereafter acquire and that conjunctly or severally, the one without prejudice of the other as they shall think fit. By which charter also, her majesty annexed, created and incorporated the said whole lands of Baldoon and Clauchrie, with the salmon fishings and other fishings in the water of Bladenoch used and wont, and all and whole the said twenty merk lands of Kirkinner, with the said lands of Kirriewhirne, the said ten merk land of Kirkland of Wigtown, the said ten merk land of Lybrack and the said twenty merk land of Kilsture, Cleuch and Blair, with all their houses, biggings, woods, mills, fishings and pertinents, in one whole and free barony to be called the barony of Baldoon. And likewise united, annexed, created and incorporated all and sundry the lands of Kirkdale, Balmangan, Meikle and Little Ross and Culcraigie, and all and whole the castle, tower and fortalice of Twynholm, alias Cumpston, with houses, biggings, yards and pertinents; all and whole the mains of Twynholm, lying contigue to the castle, commonly called the Boreland of Cumpston, with salmon fishings in the water of Dee pertaining to the said lands of Twynholm, the lands of Over Cumpston, the lands of Kempletoun, mills, mill lands, multures and sequels thereof; the lands called Ingliston; the lands of Blackmarks; the lands of Overmains of Twynholm; the lands of Glengeps; the lands of Fassock;¹⁹ the mill called the Old mill; the lands of Belmacamble, alias Campbelton; all and entire the lands of Gorgrego, Corriedow and Polmaddie; the lands of Balmagrechan; the lands of Borness, Campbelton and Plumtoun, with all their mills, multures, fishings and pertinents, upon the west side of the water of Dee, in another whole and free barony to be called now and in all time coming the barony of Cumpston. And likewise united, annexed, created and incorporated all and entire the lands of Bombie, with the mill called the mill of Bombie, mill lands, multures, sequels, woods, fishings and pertinents of the same; all and whole the castle, tower, fortalice and manor place of Kirkcudbright, with houses, biggings, yards, orchards and pertinents thereof; the lands of Lochfergus and Auchinflower; the lands of Blackstockartoun; the lands of Littlestockartoun; the lands of Brackleich²⁰ and Whitecloss; the lands of Meikle and Little Sypland; the lands of Gribdae; the lands of Balgreddan; the said lands of Auchleand and Milnthird, the manor place, mill and pertinents of the said lands of Arkland; the said ten merk land of Netherthird and Arieland; the lands of Barclay, all lying in the stewartry of Kirkcudbright, in another free barony to be called in all time coming the barony of Lochfergus, ordaining the manor place of Baldoon to be the principal messuage of the said barony of Baldoon, the castle of Cumpston to be the principal messuage of the said barony of Cumpston and the old castle of Lochfergus to be the principal messuage of the said barony of Lochfergus, and one sasine of the said several baronies to be taken at the said several messuages to be sufficient for the whole lands and others respectively foresaid, united as said is, although the same does not lie contigue, to be held of her majesty for herself, and as come in place of the bishops of Galloway and Dunblane, dean and subdean of the chapel royal respectively, and of her successors in manner expressed in the same charter, whereby her majesty, with consent foresaid, likewise willed, granted, discerned and ordained that, albeit it should happen the twenty merk land of Kirkinner comprehending, as said is, and the foresaid lands of Skellarie and Boigcroft, Lybrack, Kilsture, Cleuch and Blair and the foresaid lands and others lying in the barony of Twynholm now called Cumpston, and the barony of Bombie now called Lochfergus, comprehending the lands and others above-written, as well now annexed thereto as formerly pertaining to the same, to fall by reason of ward, non-entry or either of them in the hands of her majesty or her successors, yet it should be rightful to the heirs and successors of the said Mr William Hamilton to possess and enjoy and uplift the rents of all and sundry the foresaid lands and baronies, with the pertinents, during the said ward and non-entry or either of them, paying always for the said twenty merk land of Kirkinner comprehending, as said is, and for the said lands of Skellarie and Boigcroft, and the lands of Lybrack, Kilsture, Cleuch and Blair, during the said ward and non-entry or either of them, the sum of £220 Scots money yearly, at two terms in the year Whitsunday and Martinmas by equal portions, with the like sum for the relief of the said lands when the same shall happen; and for the said lands and barony of Twynholm, alias Cumpston, comprehending the whole lands and others above-mentioned contained in the said barony during the time of the said ward and non-entry or either of them, the sum of £200 Scots money yearly at the said two terms by equal portions, with the like sum for the relief of the same lands when the same shall happen; and also, for the said lands and barony of Bombie, now called Lochfergus, comprehending the lands and others above-mentioned during the said ward and non-entry or either of them, the sum of £480 Scots money yearly, at the said two terms by equal portions with the like sum for the relief of the same lands whensoever the same shall happen, and also the heirs of the said Mr William Hamilton, paying the sum of £1,800 money foresaid for the marriage of every heir or heirs that shall fall out. To which sums respectively the foresaid duties of ward, relief, non-entry and marriage are taxed and for payment of which several sums, as said is, the same duties and the rents and profits of the same lands and baronies held ward in manner foresaid for all years and terms, the same should fall in her majesty's hands, are conveyed and assigned to the heirs and assignees of the said Mr William Hamilton in manner more fully expressed in the said charter. By which also it is declared lawful to the heirs and successors of the said Mr William Hamilton and his foresaid to obtain themselves at any time of their age entered served, retoured and infeft as heirs to their predecessors, in all the lands, baronies and others foresaid held ward, notwithstanding of the foresaid ward and non-entry and the minority of the said heirs, and the said services, retours and infeftments are declared as sufficient as if expedited after the said heirs their age of twenty-one years complete, or by virtue of particular dispensations, and the several rights and infeftments granted to the said deceased Sir David and David Dunbar, elder and younger of Baldoon, and to the said Lord Basil, Mr William and Lady Mary Hamilton respectively, are confirmed as the said charter fully bears. And her majesty, with consent of the said estates of parliament, does also ratify, approve and perpetually confirm the precept of sasine contained in the said charter and infeftments following and competent to follow on the same, in all and sundry heads, articles and clauses of the said charter, precept and infeftments and wills and grants and, for her and her royal successors, statutes and ordains that the said charter and infeftments thereon shall be, in so far as concerns her majesty's right and interest, good, valid and sufficient conforming to the tenor of the same to the heirs and successors of the said deceased Mr William Hamilton, and to the said Lady Mary Dunbar for their several interests above-mentioned, and that the same shall never be quarrelled or revoked by her majesty or her successors, and that this present ratification shall be, to all intents and purposes, as effectual and sufficient as if every word of the said charter, precept and infeftments were inserted herein, with the not inserting whereof and with all other objections that may be proposed against the validity of this ratification and of the rights hereby ratified, her majesty, with consent foresaid, does hereby dispense forever. Extract.