The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 28 March 2024
[1705/6/147]1
Ratification in favour of Mr James Naismith of Dawyck
Our sovereign lady, with advice and consent of the estates of parliament, ratifies, approves and perpetually confirms a charter under the great seal of the date at Bath, 17 September 1703, granted by her majesty, with consent of her commissioners of treasury and exchequer for the time, proceeding on the several resignations and conveyances of the same mentioned therein, to and in favour of Mr James Naismith of Dawyck, advocate, and the male heirs lawfully to be procreated of his body, which failing to the female heirs lawfully procreated or to be procreated of his body, which failing to his other heirs of tailzie therein mentioned, and failing of them to his nearest heirs and assignees whatsoever, the eldest female heir succeeding always without division, heritably and irredeemably, and with and under the provisions and restrictions therein set down to which the said heirs of tailzie shall be obliged in manner therein-mentioned, of all and whole the lands and barony of Dawyck, comprehending the lands of Easter and Wester Dawyck, the lands of Lower Mains of Dawyck, with mill and mill lands thereof, yards, parks, houses, and pertinents of the same, with the right of patronage of the parish kirk of Dawyck, and whole superiorities of the said barony, with the teinds, parsonage and vicarage, of the said kirk and parish kirklands of the same, and forty-eight sums of beasts, lying in the parish of Dawyck and sheriffdom of Peebles. And of all and entire the lands of Crookston, also lying in the parish and sheriffdom of Peebles. And all and whole the lands of Wrae, with all and sundry houses, biggings, tofts, crofts, mosses, muirs, meadows, pasturages, parts, pendicles and pertinents thereof whatsoever, lying in the parish of Manor and sheriffdom of Peebles foresaid. And of the forty shilling land called Wester Smellhope,2 with houses, biggings, parts, pendicles and pertinents of the same, lying within the parish of Glenholm and sheriffdom of Peebles. And all and whole that part and portion of the lands of Smelhope, and a sum of beasts upon the said lands, sometime possessed by William Grieve, miller at the mill of Uriesland.3 And of all and whole that part and portion of land called Urrisland, with the mill thereof, mill lands, multures, sequels and pertinents of the same, whatsoever with the multures of the lands of Stanhope, and of the lands called the fourth part of Rachan, with all and sundry houses, biggings, yards, parts, pendicles and pertinents of the same, lying in the parish and sheriffdom foresaid, with the liberty of pasturage in the commonty of Whomhope4 and other liberties used and wont, with necessary fuel upon the lands of Smelhope to the tenants of the said lands of Urrislands, and mill of the same according to the usual custom. Which whole lands and others foresaid, with all right and title that her majesty her predecessors or successors had or could pretend thereto, or to any part thereof or to the mails and duties of the same are, by the foresaid charter, of new conveyed to the said Mr James Naismith and his foresaids in manner fully expressed therein, whereby also the same whole lands and others above-mentioned are united and erected in a whole and free barony to be called, in all time coming, the barony of Dawyck, and one sasine to be taken at the manor place of Dawyck which is thereby appointed to be the principal messuage of the said barony, or upon the ground of any part of the said lands and barony, is ordained to be sufficient for all the foresaid lands, mills, teinds, patronage, superiorities and others above-specified, with the pertinents united, as said is, to be held of her majesty and her royal successors for payment of the blench, feu and taxed ward duties particularly mentioned in the said charter. By which also the duties of ward, non-entry, relief and marriage due and payable for the said lands and old barony of Dawyck, comprehending the lands, barony and others particularly above-specified and for the said lands of Cruikstoun and Wrae, are taxed to the several sums therein-expressed, for payment whereof the same are conveyed to the said Mr James, his male heirs successors and assignees foresaid, in manner mentioned in the said charter. And likewise, the male heirs and of tailzie, successors and assignees foresaid of the said Mr James Naismith are allowed, notwithstanding of their minority, to be served, retoured, infeft and seised in the said lands and barony. And further, the contract of marriage between the said Mr James and Mistress Barbara Pringle, eldest lawful daughter of Andrew Pringle of Clifton, with consent of her father on the one and other parts of the date 15 June 1702, together with the precept of sasine therein contained and instrument of sasine following thereupon in favour of the said Mistress Barbara, are approved and confirmed in manner fully expressed in the charter above-mentioned, the precept of sasine contained in which charter and instrument of sasine thereon her majesty, with advice and consent of the said estates of parliament, does also ratify, approve and perpetually confirm, in all and sundry heads, articles and clauses of the said charter, precept and sasine, and wills and grants and, for her majesty and her royal successors, statutes and ordains, that the foresaid charter and infeftment thereon shall be good, valid and sufficient rights, conforming to the tenors of the same, to the said Mr James Naismith and his foresaids for possessing and enjoying the lands, mills, teinds, patronages, superiorities and others above-mentioned with the pertinents united in one barony in manner above-written, without any stop or impediment, in so far as concerns the interest of her majesty or her successors, and declares that the same shall never be quarrelled by her majesty or her said successors, and also that this present ratification is and shall be as effectual and sufficient, to all intents and purposes, as if the said charter and sasine thereon were word by word inserted herein, with the not inserting whereof and with all other objections that may be proposed against the validity of this ratification or of the rights hereby ratified, her majesty, with consent foresaid, dispensed and hereby dispenses forever. Extract.
- NAS. PA2/39, f.67v-68v.
- Not identified.
- Not identified. See various spellings below.
- Probably 'Williamhope'.