[1705/6/136]¹

Ratification in favour of Sir Gilbert Elliott of Minto and his son

Our sovereign lady the queen's majesty, with advice and consent of the estates of parliament, ratifies, approves and perpetually confirms a charter under the great seal of Scotland, dated at Kensington, 28 February 1695, granted by the deceased King William, with consent of the then commissioners of his treasury and exchequer, to Gideon Scott of Highchester, and the male heirs lawfully procreated of his body, which failing to the said Gideon Scott his other male heirs whatsoever, which also failing to his other heirs and assignees whatsoever, of all and entire the lands and barony of Minto, as well two parts as third part thereof, property and superiority of the same, with all and sundry castles, towers, fortalices, manor places, houses, biggings, yards, orchards, mills, mill lands, multures, woods, fishings, pasturages, annexes, connexes, tenants, tenantries and service of free tenants thereof, and of all and sundry the parts, pendicles and pertinents of the same whatsoever; and of all and whole the half of a merk land of the said lands of Minto, with houses, biggings, yards and pertinents thereof whatsoever, with the advocation, donation and heritable right of patronage of the parish kirk and parish of Minto and parsonage and vicarage teinds thereof, with the manse, glebe and kirklands of the same, and with the teinds, fruits, rents, emoluments and duties whatsoever pertaining and belonging thereto, with the power of presenting qualified and able persons to the said kirk and service of the cure thereof as often and so often as the same shall become vacant, in all time thereafter. And likewise, of all and entire the lands of Craigend and Deanfoot, with manor place, houses, biggings, yards, mosses, muirs, meadows, parts, pendicles and whole pertinents thereof, whatsoever with that piece of grass ground of the mains of Minto, lying between the dike called the Horseward and house of Craigend, together with the privilege of commonty and common pasturage and of casting, winning and leading away peats, fuel and divots furth and from the common moss and commonty of Minto, all lying within the barony of Minto and sheriffdom of Roxburgh, and all formerly united and incorporated in a whole and free barony called then and in all time thereafter to be called the barony of Minto, declaring that one sasine to be taken by the said Gideon Scott, his heirs and assignees foresaid, in all time thereafter at the said manor place of Minto should stand and be a sufficient sasine for all and sundry the said lands and barony of Minto and others above-written, with the pertinents, notwithstanding the same lie not contigue and together conforming to the charter granted by her majesty's said dearest brother the late King William to the said Gideon Scott thereupon. Which charter hereby confirmed proceeded upon the said Gideon Scott his own resignation and contains a new gift and disposition of the said lands and barony with a new erection of the said barony and a dispensation for taking one sasine therefore at the manor place of Minto, together with an erection of the town of Minto and pertinents in a free burgh of barony, with all the privileges, liberties and immunities whatsoever belonging to any burgh of barony within the kingdom of Scotland, with the power to the said Gideon and his foresaids of keeping thereat a weekly market every Wednesday, and two fairs yearly, one upon 14 June and the other upon 14 November, with the whole other privileges, rights and liberties, particularly and generally set down and contained in the said charter, to be held of his majesty and his successors in free heritage and free barony forever, as is fully expressed in the same charter, whereby the duties of ward, non-entry, relief and marriage formerly payable for the said lands and barony are taxed for payment of the sums respectively therein set down, and the heirs are allowed to enter thereto and be infeft therein, notwithstanding of their minorities. And also, ratifies and approves another charter under her majesty's great seal of Scotland, dated at Edinburgh, 4 August 1703, proceeding on the resignation of the said Gideon Scott and granted by her majesty, with consent of her commissioners of treasury and exchequer for the time, to and in favour of Sir Gilbert Elliott of Minto, knight and baronet, one of the senators of the college of justice, then designed of Headshaw, in liferent during all the days of his lifetime and to Gilbert Elliott, his eldest son procreated between him and Dame Jean Carr, his spouse, and the male heirs of his body, which failing to the said Sir Gilbert himself and the male heirs to be procreated of his body, in this present or any other marriage, which failing to Robert Elliott of Midlem-mill and the male heirs of his body, which failing to such persons and heirs of provision one or more to be named by the said Sir Gilbert by a writ under his hand in liege poustie, and failing any such nomination or if the same be revoked, then to the said Sir Gilbert, his nearest heirs and assignees whomsoever, the eldest female heir always succeeding, without division, in fee heritably and irredeemably, and with and under the provisions, conditions, burdens, restrictions and irritancies particularly therein-mentioned, of all and whole the lands and barony of Minto, comprehending therein all and whole the lands of Minto, as well two parts as third part thereof, property and superiority of the same, with castles, towers, fortalices, manor places, houses, biggings, yards and others above-mentioned; all and whole the half merk land of the lands of Minto, with houses, biggings, yards, orchards and pertinents thereof, with the advocation, donation and heritable right of patronage of the parish kirk of Minto, with the teinds, parsonage and vicarage of the same, with the manse, glebe and kirklands thereof, and with the teinds, ferms, profits, rents, emoluments and other duties whatsoever belonging and pertaining thereinto, with power to present persons fit and sufficiently qualified to the said church and serving the cure thereof whensoever the same shall become vacant. And also, comprehending the lands of Craigend and Deanfoot, with the manor place, houses, biggings, yards, mosses, muirs, meadows, parts, pendicles and whole pertinents of the same whatsoever, with that piece of grass ground of the mains of Minto lying between the dike called the Horseward and the house of Craigend, together also with the town and burgh of barony of Minto, with the privilege of a weekly market every Wednesday, with two fairs yearly, the one upon 14 June and the other upon 14 November, to be kept and held thereat, with the whole tolls, customs, casualties and duties belonging thereto, and all rights, privileges, liberties and immunities of a free barony and burgh of barony mentioned and contained in the above charter in favour of the said Gideon Scott, to be held of her majesty and her highness's successors in manner above-specified, for payment of the taxed ward duties therein contained for the said lands, barony and others above-written during the time of the ward and non-entry thereof, and for the relief of the same and for the marriage so often as the same becomes vacant, together with the precepts of sasine contained in the said several charters and instruments of sasine respectively following thereon, in all and sundry the heads, clauses, articles, privileges, rights, circumstances and conditions therein-mentioned, as well expressed as not expressed, after the forms and tenors of the same in all points, with all that has followed or may follow thereupon. And her majesty, with consent of the said estates of parliament, wills and grants and for her and her royal successors, statutes and ordains that the foresaid charters and infeftments thereon shall be good and sufficient rights conforming to the tenors of the same to the said Sir Gilbert Elliott, his son and their foresaids, for possessing and enjoying the said lands, barony and others above-written, without stop or impediment, and that the same shall never be quarrelled by her majesty or her successors, and also that this present ratification shall be as valid, effectual and sufficient, to all intents and purposes, as if the foresaid charters, precepts and instruments of sasine following thereupon were herein word for word and at length inserted and engrossed, with the not inserting whereof and with all other objections that may be proposed against the validity of this ratification or rights hereby ratified, her majesty, with consent foresaid, dispensed and hereby dispenses forever. Extract.