[1705/6/137]¹

Ratification in favors of Sir Gilbert Elliot of Minto and his son

Our sovereign lady the queen's majestie, with advice and consent of the estates of parliament, ratifies, approves and perpetually confirms a charter under the great seal of Scotland of the date at Kensingtoun, the eleventh day of January, j^M vij^C years, granted by his late majesty King William, her majestie's royal brother, with consent of his commissioners of thesaury and exchequher for the time, proceeding on the resignation of Sir Gilbert Elliot of Minto, one of the senators of the colledge of justice, then designed advocat and clerk to the privy council, to and in favors of the said Sir Gilbert Elliot, in liferent dureing all the dayes of his lifetime, and Gilbert Elliot, his lawful son, and the heirs male to be procreat of his body, which failyieing to the nearest and lawfull heirs male of the said Sir Gilbert, which failyieing to the said Sir Gilbert his nearest and lawfull heirs and assigneyes whatsoever, in fie heretably and irredeemably and under the conditions and reservations therein mentioned, of all and haill the lands of Headshaw, with mannor place and dwelling house thereof, with the mill, milllands, sequels and other duties of the same; and of all and haill the lands of Crawknow, lands of Dryden and Clews, houses, yeards, orchyeards, mosses, muirs, meadows, outsets, insets, annexis, connexis and haill parts, pendicles and pertinents of the said lands respective whatsoever, lying within the parochine and barony of Askirk, regality of Glasgow and sherifdom of Roxburgh. As also, her majesty, with advice and consent foresaid, ratifies and approves the new gift and disposition specified and contained in the said charter of the said haill lands and others abovewritten, together with the advocation, donation and right of patronage of the parish kirk and parochine of Askirk, with all right his majesty or his predecessors had to the teinds, great and small, parsonage and viccarage of the said parochine of Askirk, according to the laws and acts of parliament made anent patrons, gifted and disponed by her majesties' said royal brother, in favors of the said Sir Gilbert and Gilbert Elliots and their foresaids, together also with the erection of the said haill lands, right of patronage and teinds in a free barony to be called, in all time comeing, the barony of Headshaw, appointing the mansion house of Headshaw to be the principal messuadge of the said barony, and that a seasine to be taken thereat shall be sufficient for the said haill lands and barony foresaid in favors of the said Sir Gilbert and Gilbert Elliots and their foresaids, with and under the provisions, conditions and reservations specified in the said charter, to be holden of his majesty and his successors by the said Sir Gilbert and Gilbert Elliots and their foresaids, for payment of the sum of fifeteen pounds, six shilling [and] eight pennies for the said lands of Headshaw, mill thereof and lands of Dryden, with the pertinents, and of the sum of fourty shilling Scots for the lands of Crawknow and Clews in name of few ferme, with thirteen shilling [and] four pennies in augmentation of the rental, and also for payment of one penny Scots money in name of blench ferm, if it be asked allennarly, for the said barony and right of patronage of the said kirk of Ashkirk, and the teinds, parsonage and viccarage, of the paroch thereof in manner fully expressed in the said charter, together with the precept of seasine therein contained and instrument of seasine following thereon, in all and sundry the heads, clauses, articles, priviledges, rights, circumstances and conditions therein mentioned, after the forms and tenors of the same in all points. And her majesty, with consent of the said estates of parliament, wills and grants and, for her and her royal successors, statutes and ordains that the foresaid charter and seasine thereon shall be good and sufficient rights conform to the tenors of the same to the said Sir Gilbert Eliot, his son and their foresaids for possessing and enjoying of the said lands, barony and others abovewritten, without stopt or impediment, and that the same shall never be quarrelled by her majesty or her successors, and also that this present ratification shall be as valid, effectual and sufficient, to all intents and purposes, as if the foresaid haill charter and precept with the instrument of seasine following thereupon, were herein de verbo in verbum insert and ingrossed, with the not inserting whereof and with all other objections that may be proponed against the validity of this ratification or rights hereby ratified, her majesty, with consent foresaid, has dispensed and hereby dispenses for ever. Extract.