The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 28 March 2024
[1705/6/139]1
Ratification in favors of Lieutenant Collonel William Maxwell
Our sovereign lady, and estates of parliament presently conveened by her majesties' special authority, have ratified and approven and hereby ratifies and approves a charter expede under her majesties' great seal, proceeding by warrand upon a signature under the hand of his majestie the deceased King William, of glorious memory, of the date at Kensingtoun, the third day of February, jM vijC and two years, granted with consent of the commissioners of thesaury and exchequer for the time and proceeding upon the several decreets of adjudication, decreet of sale, resignations and other conveyances therein specified, in favors of lieutenant colonell, therein designed captain, William Maxwell of Briggadeer Maitland's regiment, in liferent dureing all the dayes of his lifetime and William Maxwell, his eldest lawfull son, and the heirs male to be procreat of his body, which failyieing to his other heirs male and of tailyie and provision, and to his other heirs and assigneyes respective and successive therein mentioned, heretably and irredeemably in fie, with and under the provision, condition, power and faculty conceived in favors of the said Lieutenant Colonell William Maxwell and with and under the other conditions, provisions and restrictions respective therein expressed, of all and haill the lands and barony of Cairdiness, comprehending the several touns, lands, mills, woods, fishings, rights of patronages, teinds, multures and others respective therein contained, and of the two merk and an half merk land of Killearn and the half merk land of Tor, with all their pertinents, all lying within the steuartry of Kirkcudbright as principal; and of the lands and baronies of Castlesteuart and Ravenstoun, with their pertinents, in real warrandice. By which charter, their majesties, for the onerous causes and upon the considerations particularly and generally therein expressed, were graciously pleased to erect these lands of the said barony called the Clachan of Anwith and Marquocher, with the crofts pertaining to the mains of Cardiness adjacent thereto, and the house of Cardiness called Ardwell or Bussavell, adjoined with the haill houses, biggings, yeards, tofts, crofts and other pertinents thereof belonging thereto, in an free burgh of barony to be called the burgh of Cardiness, at which they are impouered to keep a weekly mercat and four free fairs yearly on the dayes therein expressed, and to receive and dispose on the tolls and customes thereof, and also erected that part of the barony of Cardiness, lying upon the west side of the water of Fleet where the same falls into the sea, in ane free port and harbour, giveing to the said Lieutenant Colonell, his son and their foresaids, power to build the said harbour, with the several priviledges and casualities therein specified. Which charter contains also a new gift and disposition of the said haill lands and baronys, principal and warrandice, and of the said burgh of barony, fairs, mercat and free port and harbour priviledges and casualities of the same, with all right their majesties had or might pretend thereto, and an new erection of the said haill lands, burgh and others principally above disponed, in an haill and free barony, to be called, as before, the barony of Cardiness, ordaining the castle and touer of Cardiness to be the principal messuage thereof, and one seasine to be taken thereat or upon the ground of any part of the said barony, be tradition of earth and stone, allenarly to be sufficient for the haill foresaid principal lands, burgh of barony, free port and harbour, and also for the said lands and baronys, with the pertinents, disponed in real warrandice, to be holden of their majesties and their royal successors in free barony, burgh of barony, fee and heretage for ever, for payment for the said principal lands of the taxt ward duties for the ward, nonentry, relief and marriage respective contained in the former charter and infeftment thereof granted to umquhile Sir Godfrey Mackculloch of Myretoun, taxing the said lands and whereby their majesties of new taxes the same to the said former taxt duties, and dispenses with the entry of the heirs, notwithstanding of their minority, and for the said new erected burgh of barony, free port and harbour, fairs and mercats, tolls and customes, ane penny Scots money of blench duty yearly at the mercat cross of the said burgh, with due administration of justice; and for the warrandice lands, when the samen shall fall in warrandice, the few and blench duties and other duties and services contained in the former infeftments thereof in manner at length specified in the said charter and infeftment, together with the instrument of seasine following on the samen, in the haill heads, clauses, conditions, tenors and contents thereof, with all that has followed or may follow thereupon. And her majesty and estates of parliament foresaid wills, grants and for them and their successors statutes and ordains that the foresaid charter and infeftment thereon shall be good, valid and sufficient rights, conform to the tenors of the same, to the said Lieutenant Collonell William Maxwell, his son and their foresaids, for possessing and enjoying the said haill lands and barony principally disponed and, in case of eviction, the said warrandice lands, without stopt or impediment, and that the same shall never be quarrelled by her majesty or her successors, and that this present general ratification is and shall be as effectual and sufficient to the said Lieutenant Collonell William Maxwell, and his said son and their foresaids, in all time comeing, as if the said charter under the great seal containing the foresaid erection had been duely past and expede under the great seal before the death of the late King William, and as if the samen, with the instrument of seasine following thereupon, were herein particularly and verbatim insert and ingrossed, whereanent and with all other exceptions and objections that may be moved proponed or alleadged against the validity of this present ratification, or rights thereby confirmed, her majestie and estates of parliament foresaid have dispensed and hereby dispenses for ever. Extract.
- NAS. PA2/39, f.58v-59v.