Ratification in favour of Sir William Anstruther of that ilk

Our sovereign lady, with advice and consent of the estates of parliament, ratified, approved and perpetually confirmed and does, by these words, ratify, approve and perpetually confirm a charter under the great seal of the date at Kensington, 29 April 1704, granted by her majesty, with consent of her commissioners of treasury and exchequer for the time, and proceeding on the resignations and other conveyances therein mentioned, to and in favour of Sir William Anstruther of that ilk, one of the senators of the college of justice, and the male heirs lawfully procreated or to be procreated of his body, which failing to his heirs of tailzie and provision, to be named by him in manner therein specified, and failing of them to his heirs and assignees whomsoever heritably and irredeemably, of all and whole the lands, town and barony of Anstruther, office of bailiary of the whole lordship and barony of Pittenweem and privilege of commonty on the common muir thereof, and of the several other lands, teinds, mills and others expressed in the said charter, with all other lands and others whatsoever pertaining to the said barony of Anstruther and united thereto by the old rights and infeftments of the same. And also, of all and entire the lands and barony of Ardross, comprehending the lands and others therein mentioned, and of all and whole the lands and barony of Elie, with the burgh of barony, port and harbour of Elie, and whole customs, anchorages, tolls, privileges, liberties, casualties, profits, commodities and powers particularly specified by the said charter, and specially of keeping and holding in the said burgh a weekly market and two yearly fairs upon the days therein expressed, and of the office of searcher of all prohibited and uncustomed goods coming to or going from the said burgh of Elie or port thereof, and of the town and lands of Carmuirie2 and several other lands, mills, patronage and others contained in the said charter, all formerly united in a whole and free barony called the barony of Ardross in manner therein mentioned. And likewise, of all and entire the east half of the town and lands of the Newton of Rires, and of all and whole the lands and barony of Dairsie, and likewise of all and entire the superiority of these parts and portions of the lands of Innergelly, sometime pertaining to the abbacy of Dryburgh, and of the superiority of a house and three acres of land in Anstruther, sometime also belonging to the said abbacy, with the feu duties payable furth thereof, together with the patronage of the kirk of Kilrenny and kirklands thereof, and of several other lands, patronages and others specified in the foresaid charter, all lying within the sheriffdom and stewartry of Fife respectively. All which are, by the said charter, of new conveyed to the said Sir William and his foresaids, and of new united and erected in a whole and free barony to be called the barony of Anstruther, for which one sasine by deliverance of earth and stone at the manor places of Anstruther or Elie, or any other part of the said lands, is ordained to be sufficient in manner mentioned in the same charter, which contains a disposition and ratification of the offices of one of her majesty's carvers and masters of household to the said Sir William and his male heirs succeeding in his lands of Anstruther, and a gift of the office of heritable and perpetual searchers of prohibited and uncustomed goods within the burghs of Anstruther and Elie and ports of the same, with power to intromit therewith and of keeping courts for examining thereon, and also of having a cocket in the said burghs, with privilege of the seals of the same and of appointing keepers and clerks of the said cockets and seals, with the whole fees, casualties, privileges, casualties and powers belonging to the said several offices and expressed in the said charter, to be held of her majesty for payment of the feu duties of victual, capons and poultry or prices thereof specified therein of the other feu, blench and other duties mentioned in the same, whereby also the ward, non-entry, relief and marriage of the heirs which were due and payable for the foresaid lands and barony of Anstruther and the lands of Bruntshiels and Muircambus, with the pertinents, together with the respective duties to which the said ward, non-entry, relief and marriage were taxed, and all other profits and casualties of the same, are given and conveyed to the heirs, successors and assignees of the said Sir William Anstruther succeeding to him therein, and further the holding of the said lands is changed from taxed ward to blench, and the serving, retouring and infefting therein the heirs and successors of the said Sir William at any time of their age, notwithstanding of their minorities, is allowed and dispensed with, and also the several rights and conveyances of the lands and others foresaid are confirmed in manner fully therein set down. And her majesty, with consent foresaid, does also ratify, approve and perpetually confirm the precept of sasine contained in the foresaid charter, with the instrument of sasine following thereupon, in all and sundry points, articles, clauses and provisions of the said charter, precept and sasine. And her majesty, with advice and consent foresaid, statutes and ordains that the foresaid charter with the precept therein contained and infeftment following thereupon are and shall be conforming to the tenors of the same, good, valid and sufficient rights to the said Sir William Anstruther and his foresaids for possessing and enjoying the lands, offices and others thereby conveyed, without any impediment in so far as concerns the interest of her majesty or her royal successors, and declares that the same shall never be quarrelled nor revoked by her majesty or her foresaids and that this present ratification is and shall be as valid and effectual, to all intents, as if every word of the said charter, precept and sasine were at length inserted herein, with the which and with all other objections that may be proposed against the validity hereof or of the writs hereby ratified, her majesty, with consent foresaid, has dispensed and hereby dispenses forever. Extract.

Lord Archibald Campbell's protestation in name of [John Campbell], duke of Argyll

Lord Archibald Campbell, in name of her majesty's commissioner the duke of Argyll, protested against the said ratification, that it should not prejudge him of his office of master of household to her majesty.

Sir Robert Forbes's protestation in name of the royal burghs

Sir Robert Forbes [of Learney], in name of the royal burghs, protested against the burgh of Elie having by the charter ratified the same privileges as royal burghs.

  1. NAS. PA2/39, f.52-53.
  2. Perhaps 'Carmore', Fife.