[1705/6/134]¹

Ratification in favors of Mr Robert Stewart of Tillicultry

Our soverign lady, with advice and consent of the estates of parliament, ratified, approved and perpetually confirmed and does, by thir presents, ratifie, approve and perpetually confirm a charter under the great seal of the date at Saint James's, the twelvth day of May, j^M vij^C and two years, granted by her majesty, with consent of her commissioners of thesaury and exchequer for the time, to Mr Robert Stuart of Tillicultrie, one of the senators of the colledge of justice, and his heirs and assigneyes whatsoever heritably and irredeemably, of all and haill the lands and barony of Tillicultry, comprehending therein the several lands, teinds, acres, mill, burgh of barony, weekly mercats, yearly fairs and others particularly expressed in the samen charter, and of all and sundry the mines and mineralls of gold, silver, copper, tinn, lead and others whatsoever within the said lands, barony and others, and within all the bounds mentioned in the rights and infeftments thereof, as for the principal, and of the lands and barony of Duncrub and others particularly therein mentioned in special warrandice and security of the foresaid lands, barony, teinds and others principally disponed, as said is, which charter proceeds on the several resignations, decreets of sale and adjudication, and other conveyances therein specified and contains a new gift and disposition of the samen haill lands, baronies and others foresaid, principal and warrandice, with a confirmation of all contracts, dispositions, charters, seasines and other rights of the lands and others foresaid, generally and specially therein set down, made and granted in favors of the said Mr Robert Steuart and his foresaid, and of his predecessors and authors and a dispensation for takeing one seasine of the haill lands and others foresaid, principal and warrandice, by delivery of earth and stone at the mannour place, or any other part of the said lands and barony of Tillicultrie, which seasine is by the said charter declared as sufficient for the said haill lands, as well principal as warrandice, with the mills, woods, fishings, teinds, coals, coalheughs, mines, minerals, burgh of barony and others particularly therein mentioned, with the pertinents, as if a particular seasine were taken upon every part and portion of the samen, notwithstanding that they ly discontigue, to be holden of her majesty and her successors in manner expressed by the said charter, for payment of the few, blench and other duties specified therein, whereby also the marriage of the heirs and assigneyes of the said Mr Robert Steuart payable for the said lands and barony of Tillicultry, is given and disponed to him and his foresaids for payment, to her majesty and her successors, of the sum of two hundred pounds Scots money² as oft as the same shall fall, to which sum, her majestie did by the foresaid charter tax the said marriage in all time comeing. And further, her majesty, with consent foresaid, did, by the same, declare and ordain that it should be leisum and lawful to the said Mr Robert Steuart, his heirs and assigneyes to alienat and dispone irredeemably or under reversion the lands and others foresaid, as well principal as warrandice, or any part thereof, and to grant annuities and infeftments of annualrent without consent of her majesty or her successors, notwithstanding of any clauses for not alienating or any other prohibitory or irritant clauses and conditions contained in the rights and infeftments thereof, which clauses for not alienating and all others prohibitory and irritant services and performances, if any be, contained in the rights and infeftments of the said lands and baronies, with all casualities and other benefites which may in all time comeing accresce and redound by vertue thereof to her majesty and her royal successors, are by the foresaid [charter] renunced in favors of the said Mr Robert Steuart and his foresaids, as is more fully expressed thereintill. And our said sovereign lady, with consent of the said estates, does hereby also ratifie, approve and perpetually confirm the precept of seasine contained in the said charter and the instrument of seasine following thereupon, in all and sundry heads, points, articles and clauses of the said charter, precept and seasine, and wills and grants, statutes and ordains that the foresaid charter, with the infeftment thereon, are and shall be, conform to the tenors of the same, good and sufficient rights to the said Mr Robert Steuart and his foresaids for possessing and enjoying the lands and others therein mentioned, without any stopt or impediment in so far as concerns the interest of her majesty or her royal successors, and declares that the same shall never be quarrelled by her majesty or her said successors. And also statutes and ordains that this present ratification of the same shall be, to all intents, as effectual as if the foresaid charter, precept and instrument of seasine hereby ratified were word by word insert herein, whereanent and with all other defects and imperfections that may be alleadged against the validity of this present ratification or of the foresaid writs hereby confirmed, her majesty, with consent foresaid, did dispense and hereby dispenses for ever. Extract.