[1705/6/134]¹

Ratification in favour of Mr Robert Stewart of Tillicoultry

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 St James's, 12 May 1702, granted by her majesty, with consent of her commissioners of treasury and exchequer for the time, to Mr Robert Stewart of Tillicoultry, one of the senators of the college of justice, and his heirs and assignees whomsoever heritably and irredeemably, of all and entire the lands and barony of Tillicoultry, comprehending therein the several lands, teinds, acres, mill, burgh of barony, weekly markets, yearly fairs and others particularly expressed in the same charter, and of all and sundry the mines and minerals of gold, silver, copper, tin, lead and others whatsoever within the said lands, barony and others, and within all the bounds mentioned in the rights and infeftments thereof, as for the principal, and of the lands and barony of Duncrub and others particularly therein mentioned in special warrandice and security of the foresaid lands, barony, teinds and others principally conveyed, as said is, which charter proceeds on the several resignations, decreets of sale and adjudication, and other conveyances therein specified and contains a new gift and disposition of the same whole lands, baronies and others foresaid, principal and warrandice, with a confirmation of all contracts, dispositions, charters, sasines and other rights of the lands and others foresaid, generally and specially therein set down, made and granted in favour of the said Mr Robert Stewart and his foresaids, and of his predecessors and authors and a dispensation for taking one sasine of the whole lands and others foresaid, principal and warrandice, by delivery of earth and stone at the manor place, or any other part of the said lands and barony of Tillicoultry, which sasine is by the said charter declared as sufficient for the said whole lands, as well principal as warrandice, with the mills, woods, fishings, teinds, coals, coalheughs, mines, minerals, burgh of barony and others particularly therein mentioned, with the pertinents, as if a particular sasine were taken upon every part and portion of the same, notwithstanding that they lie discontigue, to be held of her majesty and her successors in manner expressed by the said charter, for payment of the feu, blench and other duties specified therein, whereby also the marriage of the heirs and assignees of the said Mr Robert Stewart payable for the said lands and barony of Tillicoultry, is given and conveyed to him and his foresaids for payment, to her majesty and her successors, of the sum of £200 Scots money² as often as the same shall fall, to which sum, her majesty did by the foresaid charter tax the said marriage in all time coming. And further, her majesty, with consent foresaid, did, by the same, declare and ordain that it should be rightful and lawful to the said Mr Robert Stewart, his heirs and assignees to alienate and convey irredeemably or under reversion the lands and others foresaid, as well principal as warrandice, or any part thereof, and to grant annuities and infeftments of annualrent without consent of her majesty or her successors, notwithstanding of any clauses for not alienating or any other prohibitory or irritant clauses and conditions contained in the rights and infeftments thereof, which clauses for not alienating and all others prohibitory and irritant services and performances, if any be, contained in the rights and infeftments of the said lands and baronies, with all casualties and other benefits which may in all time coming accrue and redound by virtue thereof to her majesty and her royal successors, are by the foresaid charter renounced in favour of the said Mr Robert Stewart and his foresaids, as is more fully expressed therein. And our said sovereign lady, with consent of the said estates, does hereby also ratify, approve and perpetually confirm the precept of sasine contained in the said charter and the instrument of sasine following thereupon, in all and sundry heads, points, articles and clauses of the said charter, precept and sasine, and wills and grants, statutes and ordains that the foresaid charter, with the infeftment thereon, are and shall be, conforming to the tenors of the same, good and sufficient rights to the said Mr Robert Stewart and his foresaids for possessing and enjoying the lands and others therein-mentioned, without any stop or impediment in so far as concerns the interest of her majesty or her royal successors, and declares that the same shall never be quarrelled by her majesty or her said successors. And also statutes and ordains that this present ratification of the same shall be, to all intents, as effectual as if the foresaid charter, precept and instrument of sasine hereby ratified were word by word inserted herein, with the which and with all other defects and imperfections that may be alleged against the validity of this present ratification or of the foresaid writs hereby confirmed, her majesty, with consent foresaid, did dispense and hereby dispenses for ever. Extract.