[1705/6/132]¹

Ratification of a charter under the great seal in favors of the deceased Mr William Hamilton, son to umquhile Lord Basil Hamilton

Our sovereign lady, with the special advice and consent of the estates of parliament, ratifies, approves and perpetually confirms a charter under her majesties' great seal of the date at Saint James, the fifeteenth day of May, j^M vij^C and two years, granted by her majesty, with consent of the lords and others commissioners of her thesaury and exchequer for the time, to the deceased Mr William Hamilton, eldest lawful son of umquhile Lord Basil Hamilton, and to his heirs and assigneyes whatsoever heretably and irredeemably, of all and sundry the lands, baronies, mills, woods, fishings and others aftermentioned, viz. All and haill the lands of Baldoon and Clauchrie, with the mannor place of Baldoon, houses, biggings, yeards, orchyeards, outsets, insetts, parts, pendicles and haill pertinents of the same, with the salmond fishings and other fishings in the water of Blaidyenoch used and wont. All and haill the twenty merk land of Kirkinner lying contigue, comprehending the lands of Miltoun with the mill thereof called Millgreddan, multures and sequels of the same, [and] the lands of Skaitt, Kirriemainoch, Cruck and Littlehills, with houses, biggings, yeards, pasturages, parts, pendicles and haill pertinents thereof; all and haill the kirklands of Kirkinner, with houses, biggings, yeards, parts, pendicles and pertinents of the same; [and] all and haill the lands of Kirriewhirne, with houses, biggings, yeards and pertinents, all lying in the parochine of Kirkinner and sherifdom of Wigtoun. All and haill the twenty merk land of Itoun, comprehending the five merk land of Skellary and Boigcroft, the five merk land of Balfairne, the five merk land of Steuartoun and five merk land of Orchyeardtoun, with houses, biggings, yeards, orchyeards, annexis, connexis, dependences and pertinents thereof whatsoever, lying within the parochine of Kirkinner and sherifdom of Wigtoun foresaid. All and haill the ten merk land of Lybrack, with houses, biggings and pertinents thereof, lying in the parochine and sherifdom foresaid. All and haill the lands of Kilsture, Cloush and Blair, with the corn and walk mill of Blair, mill lands, multures and sequels of the same, lying in the parochine of Sorbie and sherifdom abovementioned. All and haill the ten merk land of the Kirklands of Wigtoun, with all the houses, biggings, yeards, orchyeards, parts, pendicles and pertinents thereof, lying in the parochine and sherifdom of Wigtoun, and all and haill the lands of Culquhork, with houses, biggings, yeards, tofts, crofts, parts, pendicles and pertinents, lying in the said parochine and sherifdom of Wigtoun. And sicklike, all and sundry the lands, baronies and others aftermentioned, lying in the steuartry of Kirkcudbright viz. All and haill the lands of Kirkdale and Broach, with houses, biggings, yeards, woods, parts, pendicles and pertinents thereof, lying in the parochine of Kirkdale now annexed to Kirkmabrick, otherwayes called Ferrietoun and steuartry foresaid. All and haill the lands of Auchingassell, and all and sundry the lands of Kirkchryst and the temple crofts of the same, the lands of Merss and the old Mill of Kirkchryst, mill lands, multures and sequels thereof, with the jurisdiction and office of bailliary of the said lands, lying in the said steuartry. All and haill the lands of Boreness, with houses, biggings and pertinents. All and haill the lands of Nuntoun and Bishoptoun and [...] with the mill and salmond fishings and other fishings upon the water of Dee apprised at the instance of Sir David Dunbar from William Broun of Newtoun. All and haill the lands of Bamangan with the islands of Meikle and Little Rosses and their haill pertinents, lying in the parochine of Kirkanders and steuartry abovewritten, and all and haill the lands of Culcaigrie and lands of Tostrie, with houses, biggings, yeards and pertinents, lying in the parochine of Tweyname and steuartry foresaid. And also all and haill the lands and barony of Tweynam comprehending the lands and others aftermentioned, viz. all and haill the mannor place, touer and fortalice of Tweynam, alias Cumpstoun, with houses, biggings, yeards, woods, parks, parts, pendicles and pertinents. All and haill the maines of Tweynam, lying contigue to the mannor place, commonly called the Boirland of Cumpstoun, with the salmond fishings upon the water of Dee pertaining to [...] of Tweynam. All and haill the lands of Over Cumpstoun, with the pertinents. All and haill the lands of Kempletoun, mill thereof, mill lands, multures and sequels of the same; the lands called Inglistoun as a part and pertinent of the said barony; the lands of Blackmerk alias Merks; the lands of Overmaines in Tweynam, alias Old maines; the lands of Glengeps; the lands of [...] with the mill and mill lands, multures and sequels thereof; the lands of Belmacample, alias Campbeltoun, with all other lands in the said barony of Tweynam, by whatsoever name or designation the same are known, with all and sundry houses, biggings, yeards, mosses, muirs, meadows, pasturages, tenents, tenandries and service of free tenents of the said haill lands and baronies, with the advocation, donation and right of patronage of the kirk and paroch of Tweynam. All and haill the lands of Barclay, with the pertinents, lying in the parochine of Rerick, alias Dundrenan and steuarty foresaid. All and haill the lands of Overlaw, with houses, biggings, yeards and pertinents, lying in the same parochine. All and haill the lands of Balig, and all and haill the lands of Culnaughtrie, Heislefield and Drongans, with houses, biggings, yeards, parts, pendicles and pertinents, lying in the said parochine of Dundrennan and steuartry abovementioned. [And] all and haill the lands and barony of Bombie, comprehending the lands, houses, mills, woods, pasturages, fishings and others afterspecified, viz. All and haill the lands of Bombie, with the mill called the mill of Bombie, multurs and sequels of the same, woods, fishings and shaws thereof. All and haill the castle or mannor place of Kirkcudbright, situat at the east end of the toun of Kirkcudbright, with houses, biggings, yeards, orchyeards and pertinents. All and haill the lands of Lochfergus; the lands of Auchinflower; the lands of Blackstockartoun [and] Burnsidecroft; the lands of Littlestockartoun; the lands of Brockloch and Whitecloss, Whinnielegat and Redbrae; the lands of Meikle Seipland; the lands of Little Seipland; the lands of Gribdie; the lands of Merks and Kilbride; the lands of Jordanland, Bettland² and Glenlay. All and haill the lands of Gorgrego and Corriedow, lying in the parochine of Balmaclelland, and all and haill the lands of Polmadie, with the mills, mill lands, multures and sequels thereof, lying in the parochine of Kells and steuartry foresaid. All and haill the lands of Boreness; the lands of Chappletoun and lands of Barmagechan. All and haill the lands of Plumtoun, with mills, multures, woods, fishing and pertinents, lying in the united parochines of Kirkanders and Borg. All and haill the lands of Auchlean, Milnthird and Laicharkland, with houses, biggings, mills, woods, fishings and pertinents of the samen, lying in parochine of Kirkhorms³ and steuartry abovespecified, [and] all formerly united and erected in one barony called the barony of Bombie. All and haill the lands of Balgreddan, with houses, biggings and pertinents, lying in the said parochine and sherifdom of Kirkcudbright. All and haill the lands of Littlekirkland. All and haill the lands of Meiklekirkland, with the jurisdiction and office of bailliary of the said lands. All and haill the lands of Grange and cottages thereof, and all and haill the lands of Mutehill, and all and haill the Milltoun of Dunrod, and all crofts pertaining thereto, and all and haill the mill of Dunrod, mill lands, multurs and sequels thereof and all crofts thereto belonging, and all and haill the Kirklands of Dunrod, houses, biggings, crofts and pertinents of the same, and specially these crofts called Tonguecroft, Soulter flack croft and Glonancroft. All and haill the lands of Little Gatwa and lands of Meikle Gatwa, the lands of Knockovergatwa, lying in the parochine and steuartry foresaid, and all and haill the mill of Kirkcudbright called the toun-mill, with the mill lands, astricted multures and other multures, bannock and sequels of the same. All and haill the lands of Culdooch and Carss of Culdooch, with houses, biggings, yeards, fishings, crofts, fisheries and haill parts, pendicles and pertinents of the same used and wont. All and haill the lands of Drummore and Balsire, and the lands of Mulloch and Girthstanewood, within the said steuartry, formerly pertaining to John Ewart and adjudged from him at the instance of Robert Rutherfoord and disponed to Sir David Dunbar of Baldoon, or to some other for his use, and all and haill the lands of Airieland and all and haill the lands of Netherthird, with the haill houses, biggings, woods, fishings, parts, pendicles and pertinents of the same, lying in the parochine of Kirkhorme⁴ and steuartry foresaid. And also all and haill the lands and barony of Newark containing and comprehending the five merk land of Inglistoun, the lands of Lagg, the lands of Ruchtill, the lands of Rentounbridge, the lands of Dalquhairnie, the lands of Halhill, the lands of Newark, the lands of Brae, the lands of Gaitside, the lands of Cludan, with the corn and walkmills of Newark and the mannor place of the said lands and barony, houses, biggings, yeards, orchyeards, outsets, insets, tenents, tenandries, woods, fishings, advocation, donation and right of patronage of the kirk and chaplainrie thereof, parts, pendicles and haill pertinents of the same, lying within the parochine of Irongray and steuartry of Kirkcudbright, which formerly pertained to Robert Graham, late provost of Dumfreis, and were apprised and adjudged from him at the instance of David Dunbar, younger of Baldoon, with all right, title and interest which her majesty had has or any wayes may have claim or pretend to the foresaid lands. By which charter her majesty, with consent foresaid, did also give, grant and dispone in favors of Lady Mary Hamilton, relict of the said deceased Lord Basil, and to her heirs and assigneyes dureing all the dayes of her lifetime for her liferent use allennarly, all and haill an yearly liferent of eight thousand merks Scots money free of all publick burdens yearly, to be uplifted and taken at two terms in the year Whitsunday and Martinmass by equal portions beginning the first terms payment at the term of Martinmass preceeding the date of the said charter, which was the first term following the decease of the said Lord Basil and, thereafter, yearly and termly dureing her lifetime, furth of all and haill the lands of Baldoon and Clauchrie and furth of the other lands, fishings, acres and others therein mentioned or furth of any part or portion of the same, and also the liferent use of the mannor place of Baldoon, with office, houses, yeards and orchyeards pertaining thereto, free of all publick burdens in manner fully expressed in the said charter, which proceeds on the severall adjudications therein mentioned obtained against the said Lady Mary Hamilton formerly designed Lady Mary Dunbar, as lawfully charged to enter heir to the said deceased Sir David Dunbar of Baldoon, her grandfather, and the said umquhile David Dunbar, younger of Baldoon, her father, and who had renunced to be heir to them, and which adjudications were conveyed in the person of the said deceased Mr William Hamilton, as is at length mentioned in the said charter, and also proceeds on the resignation of the said umquhile Lord Basil Hamilton in manner specified therein, whereby also, all and sundry the lands, baronies, mills, woods, fishings and others abovewritten are all of new given and disponed to the said Mr William Hamilton, his heirs and assigneyes foresaid, and it is declared lawful to them to possess the lands and others foresaid by vertue of all or any of the rights and titles therein mentioned then in his person or which he should thereafter acquire and that conjunctly or severally, the one without prejudice of the other as they shall think fit. By which charter also, her majesty annexed, created and incorporated the said haill lands of Baldoon and Clauchrie, with the salmond fishings and other fishings in the water of Bladyenoch used and wont, and all and haill the said twenty merk lands of Kirkinner, with the said lands of Kirriewhirne, the said ten merk land of Kirkland of Wigtoun, the said ten merk land of Lybrack and the said twenty merk land of Kilsture, Clousch and Blair, with all their houses, biggings, woods, mills, fishings and pertinents, in one haill and free barony to be called the barony of Baldoon. And sicklike united, annexed, created and incorporated all and sundry the lands of Kirkdale, Balmangan, Meikle and Little Rosses and Culcraigie, and all and haill the castle, touer and fortalice of Tweynam, alias Cumstoun, with houses, biggings, yeards and pertinents; all and haill the maines of Tweynam, lying contigue to the castle, commonly called the Boirland of Cumpstoun, with salmond fishings in the water of Dee pertaining to the said lands of Tweynam, the lands of Over Cumstoun, the lands of Kempletoun, mills, milllands, multures and sequels thereof; the lands called Inglistoun; the lands of Blackmarks; the lands of Overmaynes of Tweynam; the lands of Glengyps; the lands of Fassock; the mill called the Old mill; the lands of Belmacamble, alias Campbeltoun; all and haill the lands of Gorgrego, Corridow and Polmadie; the lands of Balmagrechan; the lands of Borenes, Campbeltoun and Plumtoun, with all their mills, multures, fishings and pertinents, upon the west side of the water of Dee, in another haill and free barony to be called now and in all time comeing the barony of Cumpstoun. And likewayes united, annexed, created and incorporated all and haill the lands of Bombie, with the mill called the mill of Bombie, mill lands, multures, sequels, woods, fishings and pertinents of the same; all and haill the castle, touer, fortalice and manner place of Kirkcudbright, with houses, biggings, yeards, orchyeards and pertinents thereof; the lands of Lochfergus [and] Auchinflower; the lands of Blackstockartoun; the lands of Littlestockartoun; the lands of Brackleich [and] Whitecloss; the lands of Meikle and Little Seipland; the lands of Gribdie; the lands of Balgreddan; the said lands of Auchlean and Middle third, the mannour place, mill and pertinents of the said lands of Arkland; the said ten merk land of Netherthird and Arieland; the lands of Barclay, all lying in the steuartry of Kirkcudbright, in another free barony to be called in all time comeing the barony of Lochfergus, ordaining the mannor place of Baldoon to be the principal messuage of the said barony of Baldoon, the castle of Cumpstoun to be the principal messuage of the said barony of Cumpstoun and the old castle of Lochfergus to be the principal messuage of the said barony of Lochfergus, and one seasine of the said several baronies to be taken at the said several messuages to be sufficient for the haill lands and others respective foresaid, united as said is, altho the same do not ly contigue, to be holden of her majestie for herself, and as come in place of the bishops of Galloway and Dumblain, dean and subdean of the chappell royal respective, and of her successors in manner expressed in the samen charter, whereby her majesty, with consent foresaid, likewayes willed, granted, decerned and ordained that, albeit it should happen the twenty merk land of Kirkinner comprehending, as said is, and the foresaid lands of Skeallary and Boigcroft, Lybrack, Kilsture, Cloush and Blair and the foresaid lands and others lying in the barony of Tweynam now called Cumpstoun, and the barony of Bombie now called Lochfergus, comprehending the lands and others abovewritten, as well now annexed thereto as formerly petaining to the same, to fall by reason of waird, nonentry or either of them in the hands of her majesty or her successors, yet it should be leisum to the heirs and successors of the said Mr William Hamilton to possess and enjoy and uplift the rents of all and sundry the foresaid lands and baronies, with the pertinents, dureing the said waird and nonentry or either of them, paying alwayes for the said twenty merk land of Kirkinner comprehending, as said is, and for the said lands of Skellary and Boigcroft, and the lands of Lybrack, Kilsture, Clousch and Blair, dureing the said waird and nonentry or either of them, the sum of two hundred and twenty pounds Scots money yearly, at two terms in the year Whitsunday and Martinmass by equal portions, with the like sum for the relief of the said lands when the samen shall happen; and for the said lands and barony of Tweynam, alias Cumpstoun, comprehending the haill lands and others abovementioned contained in the said barony dureing the time of the said ward and nonentry or either of them, the sum of two hundred pounds Scots money yearly at the said two terms by equal portions, with the like sum for the relief of the samen lands when the same shall happen; and sicklike, for the said lands and barony of Bombie, now called Lochfergus, comprehending the lands and others abovementioned dureing the said ward and nonentry or either of them, the sum of four hundred and eighty pounds Scots money yearly, at the said two terms by equall portions with the like sum for the relief of the samen lands whensoever the samen shall happen, and also the heirs of the said Mr William Hamilton, paying the sum of eighteen hundred pounds money foresaid for the marriage of every heir or heirs that shall fall out. To which sums respective the foresaid duties of waird, relief, nonentry and marriage are taxed and for payment of which several sums, as said is, the samen duties and the rents and profites of the samen lands and baronies holden ward in manner foresaid for all years and terms, the same should fall in her majesties' hands, are disponed and assigned to the heirs and assigneyes of the said Mr William Hamilton in manner more fully expressed in the said charter. By which also it is declared lawful to the heirs and successors of the said Mr William Hamilton and his foresaid to obtain themselves at any time of their age entered served, retoured and infeft as heirs to their predecessors, in all the lands, baronies and others foresaid holden ward, notwithstanding of the foresaid ward and nonentry and the minority of the said heirs, and the said services, retours and infeftments are declared as sufficient as if expede after the said heirs their age of twenty one years compleat, or by vertue of particular dispensations, and the several rights and infeftments granted to the said deceased Sir David and David Dunbars, elder and younger of Baldoon, and to the said Lord Basil, Mr William and Lady Mary Hamiltons respective, are confirmed as the said charter fully bears. And her majesty, with consent of the said estates of parliament, does also ratifie, approve and perpetually confirm the precept of seasine contained in the said charter and infeftments following and competent to follow on the same, in all and sundry heads, articles and clauses of the said charter, precept and infeftments and wills and grants and, for her and her royal successors, statutes and ordains that the said charter and infeftments thereon shall be, in so far as concerns her majesties' right and interest, good, valid and sufficient conform to the tenor of the same to the heirs and successors of the said deceased Mr William Hamilton, and to the said Lady Mary Dunbar for their several interests abovementioned, and that the same shall never be quarrelled or revocked by her majesty or her successors, and that this present ratification shall be, to all intents and purposes, as effectual and sufficient as if every word of the said charter, precept and infeftments were insert herein, with the not inserting whereof and with all other objections that may be proponed against the validity of this ratification and of the rights hereby ratified, her majesty, with consent foresaid, does hereby dispense for ever. Extract.