Ratification in favour of Lieutenant Colonel William Maxwell

Our sovereign lady, and estates of parliament presently convened by her majesty's special authority, have ratified and approved and hereby ratify and approve a charter expedited under her majesty's great seal, proceeding by warrant upon a signature under the hand of his majesty the deceased King William, of glorious memory, of the date at Kensington, 3 February 1702, granted with consent of the commissioners of treasury and exchequer for the time and proceeding upon the several decreets of adjudication, decreet of sale, resignations and other conveyances therein specified, in favour of lieutenant colonel, therein designed captain, William Maxwell of Brigadier Maitland's regiment, in liferent during all the days of his lifetime and William Maxwell, his eldest lawful son, and the male heirs to be procreated of his body, which failing to his other male heirs and of tailzie and provision, and to his other heirs and assignees respectively and successively therein mentioned, heritably and irredeemably in fee, with and under the provision, condition, power and faculty conceived in favour of the said Lieutenant Colonel William Maxwell and with and under the other conditions, provisions and restrictions respectively therein-expressed, of all and entire the lands and barony of Cardoness, comprehending the several towns, lands, mills, woods, fishings, rights of patronages, teinds, multures and others respectively therein-contained, and of the two merk and a half merk land of Killearn and the half merk land of Torr, with all their pertinents, all lying within the stewartry of Kirkcudbright as principal; and of the lands and baronies of Castle Stewart and Ravenstone, with their pertinents, in real warrandice. By which charter, their majesties, for the onerous causes and upon the considerations particularly and generally therein-expressed, were graciously pleased to erect these lands of the said barony called the Clachan of Anwoth and Marquocher,2 with the crofts pertaining to the mains of Cardoness adjacent thereto, and the house of Cardoness called Ardwall or Bussavell,3 adjoined with the whole houses, biggings, yards, tofts, crofts and other pertinents thereof belonging thereto, in a free burgh of barony to be called the burgh of Cardoness, at which they are empowered to keep a weekly market and four free fairs yearly on the days therein expressed, and to receive and dispose on the tolls and customs thereof, and also erected that part of the barony of Cardoness, lying upon the west side of the water of Fleet where the same falls into the sea, in a free port and harbour, giving to the said lieutenant colonel, his son and their foresaids, power to build the said harbour, with the several privileges and casualties therein specified. Which charter contains also a new gift and disposition of the said whole lands and baronies, principal and warrandice, and of the said burgh of barony, fairs, market and free port and harbour privileges and casualties of the same, with all right their majesties had or might pretend thereto, and a new erection of the said whole lands, burgh and others principally above conveyed, in a whole and free barony, to be called, as before, the barony of Cardoness, ordaining the castle and tower of Cardoness to be the principal messuage thereof, and one sasine to be taken thereat or upon the ground of any part of the said barony, by tradition of earth and stone, only to be sufficient for the entire foresaid principal lands, burgh of barony, free port and harbour, and also for the said lands and baronies, with the pertinents, conveyed in real warrandice, to be held of their majesties and their royal successors in free barony, burgh of barony, fee and heritage forever, for payment for the said principal lands of the taxed ward duties for the ward, non-entry, relief and marriage respectively contained in the former charter and infeftment thereof granted to the late Sir Godfrey MacCulloch of Myrton, taxing the said lands and whereby their majesties of new tax the same to the said former taxed duties, and dispenses with the entry of the heirs, notwithstanding of their minority, and for the said new erected burgh of barony, free port and harbour, fairs and markets, tolls and customs, a penny Scots money of blench duty yearly at the market cross of the said burgh, with due administration of justice; and for the warrandice lands, when the same shall fall in warrandice, the feu and blench duties and other duties and services contained in the former infeftments thereof in manner at length specified in the said charter and infeftment, together with the instrument of sasine following on the same, in the whole heads, clauses, conditions, tenors and contents thereof, with all that has followed or may follow thereupon. And her majesty and estates of parliament foresaid will, grant and for them and their successors statute and ordain that the foresaid charter and infeftment thereon shall be good, valid and sufficient rights, conforming to the tenors of the same, to the said Lieutenant Colonel William Maxwell, his son and their foresaids, for possessing and enjoying the said whole lands and barony principally conveyed and, in case of eviction, the said warrandice lands, without stop or impediment, and that the same shall never be quarrelled by her majesty or her successors, and that this present general ratification is and shall be as effectual and sufficient to the said Lieutenant Colonel William Maxwell, and his said son and their foresaids, in all time coming, as if the said charter under the great seal containing the foresaid erection had been duly passed and expedited under the great seal before the death of the late King William, and as if the same, with the instrument of sasine following thereupon, were herein particularly and word for word inserted and engrossed, with the which and with all other exceptions and objections that may be moved proposed or alleged against the validity of this present ratification, or rights thereby confirmed, her majesty and estates of parliament foresaid have dispensed and hereby dispense forever. Extract.

  1. NAS. PA2/39, f.58v-59v.
  2. Not identified.
  3. Not identified.