[1705/6/142]¹

Ratification and act in favour of John Forbes of Balflug and his son

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 under the great seal of the date at Kensington, 3 February 1702, granted by the deceased King William, with consent of the commissioners of treasury and exchequer for the time, and proceeding on the resignation of John Forbes of Balflug, to and in favour of the said John Forbes, he being on life, during all the days of his lifetime, and of George Forbes, his eldest lawful son, and the male heirs lawfully to be procreated of his body, which failing to Alexander Forbes, his second lawful son, and the male heirs lawfully to be procreated of his body, which failing to John Forbes, his third lawful son, and the male heirs lawfully to be procreated of his body, which failing to the said John Forbes, elder, his other male heirs therein-mentioned, and failing of them his heirs or assignees whatsoever, in fee heritably and irredeemably, with and under the condition, provision, power and faculty therein mentioned, conceived in favour of the said John Forbes, elder, of all and entire the lands and barony of Alford, comprehending the several and particular towns, lands, mills and others respectively therein-specified and specially of a little fair or market called St Andrew's fair held yearly at and upon the town of the mains of Alford, with the tolls, customs, privileges and liberties whatsoever belonging to the said fair or market, all lying within the parish of Alford and sheriffdom of Aberdeen, and all formerly united, erected and incorporated in a whole and free barony called the barony of Alford, which charter contains a new gift or disposition to and in favour of the said John Forbes, elder, during all the days of his lifetime and to the said George Forbes, his son, and the male heirs of his body, which failing to the other male heirs and of tailzie and provision above-mentioned, heritably and irredeemably, under the provision therein specified, of the said lands, barony and others foresaid, with all right his majesty had or could pretend thereto or to the mails and duties thereof bygone or in time coming, and a new erection of the foresaid lands and others therein-specified, in a whole and free barony to be called, as before, the barony of Alford, whereof the manor place of Balflug is ordained to be the principal messuage and one sasine to be taken thereat, or any part of the said lands, is declared to be sufficient for the whole barony and every part thereof, in all time coming, to be held of his majesty and his royal successors in free barony, fee and heritage forever, for payment of the rights and services used and wont. By which charter also, the duties of ward, non-entry, relief and marriage payable for the said barony are taxed for payment of the sum of £246 13s 4d Scots money yearly, during the ward and non-entry as much for the relief, and of the sum of £493 6s 8d money foresaid for the marriage of the heir, when and how often soever the same shall happen to fall, in all time coming, and the heirs are allowed to be served, retoured, infeft and seised in the said lands, barony and others foresaid, notwithstanding of their minorities, in manner at length specified in the said charter, together with the precept of sasine therein contained and instrument of sasine following thereupon, in the whole heads, clauses, conditions, tenors and contents thereof, with all that has followed or may follow on the same. And her majesty and estates of parliament foresaid will and grant, and for them and their successors statute and ordain, that the foresaid general ratification is and shall be as valid, effectual and sufficient to the said John Forbes, and his said sons and their foresaids, in all time coming as if the said charter under the great seal containing the said new gift, new erection and taxing of the ward, non-entry, relief and marriage and 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, her majesty, and estates of parliament foresaid, have dispensed and hereby dispense forever. And her majesty and estates of parliament, considering that by the rights and infeftments formerly granted to the predecessors of the said John Forbes there was given to them the right and privilege of keeping a weekly market and yearly fair on the days following at the town and lands of Endovie, which is a part of the said barony of Alford, lying in manner foresaid, and that it is very fit for the good of the inhabitants of the said place and of her majesty's other lieges dwelling near thereto to revive and renew in manner underwritten the said weekly market and yearly fair which is now become in desuetude, therefore, her majesty and the said estates of parliament do, by these words, without prejudice of the said other fair granted by the said charter called St Andrew's fair, of new appoint a weekly market to be kept in all time coming at the said town and lands of Endovie upon every Thursday and a fair to be held thereat yearly in all time coming upon the third Tuesday of May, and to continue four days, called St John's fair,² and have given and granted and hereby give and grant to the said John and George Forbes and their foresaids, in liferent and fee respectively as said is, the right and privilege of keeping the said weekly market and yearly fair for all kinds of merchandise, with all the tolls, customs and casualties thereof, and all other liberties, privileges and advantages used and wont to belong to any having the right of keeping fairs and markets within this kingdom. Extract.