[1705/6/137]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 of the date at Kensington, 11 January 1700, granted by his late majesty King William, her majesty's royal brother, with consent of his commissioners of treasury and exchequer for the time, proceeding on the resignation of Sir Gilbert Elliott of Minto, one of the senators of the college of justice, then designed advocate and clerk to the privy council, to and in favour of the said Sir Gilbert Elliott, in liferent during all the days of his lifetime, and Gilbert Elliott, his lawful son, and the male heirs to be procreated of his body, which failing to the nearest and lawful male heirs of the said Sir Gilbert, which failing to the said Sir Gilbert his nearest and lawful heirs and assignees whatsoever, in fee heritably and irredeemably and under the conditions and reservations therein mentioned, of all and whole the lands of Headshaw, with manor place and dwelling house thereof, with the mill, mill lands, sequels and other duties of the same; and of all and whole the lands of Crawknow,² lands of Dryden and Clews,³ houses, yards, orchards, mosses, muirs, meadows, outsets, insets, annexes, connexes and whole parts, pendicles and pertinents of the said lands respectively whatsoever, lying within the parish and barony of Ashkirk, regality of Glasgow and sheriffdom of Roxburgh. As also, her majesty, with advice and consent foresaid, ratifies and approves the new gift and disposition specified and contained in the said charter of the said entire lands and others above-written, together with the advocation, donation and right of patronage of the parish kirk and parish of Ashkirk, with all right his majesty or his predecessors had to the teinds, great and small, parsonage and vicarage of the said parish of Ashkirk, according to the laws and acts of parliament made anent patrons, gifted and conveyed by her majesty's said royal brother, in favour of the said Sir Gilbert and Gilbert Elliott and their foresaids, together also with the erection of the said whole lands, right of patronage and teinds in a free barony to be called, in all time coming, the barony of Headshaw, appointing the mansion house of Headshaw to be the principal messuage of the said barony, and that a sasine to be taken thereat shall be sufficient for the said whole lands and barony foresaid in favour of the said Sir Gilbert and Gilbert Elliott and their foresaids, with and under the provisions, conditions and reservations specified in the said charter, to be held of his majesty and his successors by the said Sir Gilbert and Gilbert Elliott and their foresaids, for payment of the sum of £15 6s 8d for the said lands of Headshaw, mill thereof and lands of Dryden, with the pertinents, and of the sum of 40s Scots for the lands of Crawknow and Clews in name of feu ferm, with 13s 4d in augmentation of the rental, and also for payment of 1d Scots money in name of blench ferm, if it be asked only, for the said barony and right of patronage of the said kirk of Ashkirk, and the teinds, parsonage and vicarage, of the parish thereof in manner fully expressed in the said charter, together with the precept of sasine therein contained and instrument of sasine following thereon, in all and sundry the heads, clauses, articles, privileges, rights, circumstances and conditions therein-mentioned, after the forms and tenors of the same in all points. 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 charter and sasine 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 of 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 whole charter and precept with the instrument of sasine following thereupon, were herein word for word 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, has dispensed and hereby dispenses forever. Extract.