[1705/6/142]¹

Ratification and act in favors of John Forbes of Balflug and his son

Our sovereign lady and estates of parliament, presently conveened by her majesties' special authority, have ratified and approven and hereby ratifies and approves an charter under the great seal of the date at Kensingtoun, the third of February, j^M vij^C and two, granted by the deceased King William, with consent of the commissioners of thesaury and exchequer for the time, and proceeding on the resignation of John Forbes of Balflug, to and in favors of the said John Forbes, he being on life, dureing all the dayes of his lifetime, and of George Forbes, his eldest lawful son, and the heirs male lawfully to be procreat of his body, which failyieing to Alexander Forbes, his second lawful son, and the heirs male lawfully to be procreat of his body, which failyieing to John Forbes, his third lawful son, and the heirs male lawfully to be procreat of his body, which failyieing to the said John Forbes, elder, his other heirs male therein mentioned, and failyieing of them his heirs or assigneys whatsoever, in fie heretably and irredeemably, with and under the condition, provision, power and faculty therein mentioned, conceived in favors of the said John Forbes, elder, of all and haill the lands and barony of Alfoord, comprehending the several and particular touns, lands, mills and others respective therein specified and specially of an little fair or mercat called Andersmass fair holden yearly at and upon the toun of the mains of Alfoord, with the tolls, customes, priviledges and liberties whatsoever belonging to the said fair or mercat, all lying within the parochine of Alfoord and sherifdom of Aberdeen, and all formerly united, erected and incorporated in an haill and free barony called the barony of Alfoord, which charter contains a new gift or disposition to and in favors of the said John Forbes, elder, dureing all the dayes of his lifetime and to the said George Forbes, his son, and the heirs male of his body, which failyieing to the other heirs male and of tailyie and provision abovementioned, heretably and irredeemably, under the provision therein specified, of the said lands, barony and others foresaid, with all right his majesty had or could pretend thereto or to the maills and duties thereof bygone or in time comeing, and an new erection of the foresaid lands and others therein specified, in an haill and free barony to be called, as before, the barony of Alfoord, whereof the mannor place of Balflug is ordained to be the principal messuage and one seasine to be taken thereat, or any part of the said lands, is declared to be sufficient for the haill barony and every part thereof, in all time comeing, to be holden of his majesty and his royal successors in free barony, fie and heretadge for ever, for payment of the rights and services used and wont. By which charter also, the duties of ward, nonentry, relief and marriage payable for the said barony are taxed for payment of the sum of two hundred and fourty six pounds, thirteen shilling [and] four pennies Scots money yearly, dureing the ward and nonentry as much for the relief, and of the sum of four hundred and ninety three pounds, six shilling [and] eight pennies money foresaid for the marriage of the heir, when and how oft soever the samen shall happen to fall, in all time comeing, and the heirs are allowed to be served, retoured, infeft and seased in the said lands, barony and others foresaid, notwithstanding of their minorities, in manner at length specified in the said charter, together with the precept of seasine therein contained and instrument of seasine following thereupon, in the haill heads, clauses, conditions, tenors and contents thereof, with all that has followed or may follow on the same. And her majesty and estates of parliament foresaid wills and grants, and for them and their successors statutes and ordains, that the foresaid general ratification is and shall be as valid, effectual and sufficient to the said John Forbes, and his said sons and their foresaids, in all time comeing as if the said charter under the great seal containing the said new gift, new erection and taxing of the ward, nonentry, relief and marriage and 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, her majesty, and estates of parliament foresaid, have dispensed and hereby dispenses for ever. And her majesty and estates of parliament, considering that by the rights and infeftments formerly granted to the predecessors of the said John Forbes there was given to them the right and priviledge of keeping a weekly mercat and yearly fair on the days following at the toun and lands of Endovie, which is a part of the said barony of Alfoord, lying in manner foresaid, and that it is very fit for the good of the inhabitants of the said place and of her majesties' other leidges dwelling near thereto to revive and renew in manner underwritten the said weekly mercat and yearly fair which is now become in disuetude, therefore, her majestie and the said estates of parliament do, by thir presents, without prejudice of the said other fair granted by the said charter called Andersmass fair, of new appoint a weekly mercat to be keept in all time comeing at the said toun and lands of Endovie upon every Thursday and a fair to be holden thereat yearly in all time comeing upon the third Tuesday of May, and to continue four dayes, called Saint John's fair, and have given and granted and hereby give and grant to the said John and George Forbes's and their foresaids, in liferent and fie respective as said is, the right and priviledge of keeping the said weekly mercat and yearly fair for all kinds of merchandice, with all the tolls, customes and casualities thereof, and all other liberties, priviledges and advantages used and wont to belong to any haveing the right of keeping fairs and mercats within this kingdom. Extract.