Patrick
Douglas of Kilspindie
James VI: Translation >
1612, 12 October, Edinburgh, Parliament >
Parliamentary Register > 23 October 1612 >
Legislation: private acts
[1612/10/58]1
Ratification to Patrick Douglas of his
infeftment of the lands of Kilspindie and Aberlady, with the teinds
thereof
Our sovereign lord, with the advice and consent of his
highness's estates of parliament, ratifies, approves and perpetually
confirms the charter of feu ferm, with the precept of sasine
inserted in the same, made, given and granted by a reverend father
in God, Alexander [Lindsay], bishop of Dunkeld, with advice and
consent of the dean and chapter of the cathedral kirk thereof, to
his majesty's trusty and well-beloved councillor Sir Alexander Hay
[of Whitburgh], knight, then secretary to his majesty and now clerk
register, his heirs and assignees whatsoever, of all and whole the
mains of Aberlady and lands called the mansion and bakehouse croft
adjacent thereto, with the teind sheaves of the same included, which
were usually set together with the said lands, of all and whole the
links of Aberlady with all their pertinents, together with the
castle, tower and fortalice built by Patrick Douglas of Kilspindie
upon the north part of the said lands of Aberlady towards the sea,
as also of all and whole the office of bailiary of all and whole the
lands and town of Aberlady, with the pertinents, with all liberties,
privileges, casualties, fees and duties belonging to the said
office, lying within the constabulary of Haddington and sheriffdom
of Edinburgh, reserving always to the ministers serving the cure at
the kirk of Aberlady a manse and glebe, with the pertinents,
according to the act of parliament made relating thereto, to be held
of the said Alexander, bishop of Dunkeld and his successor bishops
of Dunkeld in feu ferm and heritage for ever, likewise in the said
charter, of the date at Edinburgh, 23 February 1611, at more length
is contained, together with the instrument of sasine following
thereupon. And also our said sovereign lord, with advice and consent
of his said estates of parliament, ratifies, approves and confirms
the letter of tack and assedation made and set by the said
Alexander, bishop of Dunkeld, with consent foresaid, to the said Sir
Alexander Hay or to his assignee constituted or to be constituted by
him, for the lifetime of the said Sir Alexander or of his said
assignee, and thereafter to the male heir of the said Sir Alexander
or of his said assignee, for the space of the lifetime of the said
male heir, and after his decease to his male heirs and assignees
whatsoever for the space of 19 years next thereafter, of all and
sundry the teind sheaves of the parish kirk and parish of Aberlady,
with the pendicles and pertinents thereof, except as is excepted in
the said tack, for payment of the yearly duty therein mentioned, as
the same of the date at Edinburgh, the said 23 February 1611
foresaid, at more length bears, together with all and sundry
infeftments, assignations, rights and securities made by the said
Sir Alexander Hay to and in favour of Patrick Douglas, son lawful to
the said Patrick Douglas of Kilspindie, and son-in-law to the said
Sir Alexander Hay, his heirs and assignees therein contained, of all
and sundry the lands, teind sheaves and others above-specified, with
their pertinents, of whatsoever date or dates, tenor or contents the
same be. And likewise his majesty, with advice and consent foresaid,
ratifies, approves and confirms the infeftment made and granted by a
reverend father in God, George [Gledstanes], by the mercy of God
archbishop of St Andrews, with consent of the chapter of the
cathedral kirk thereof, to the said Patrick Douglas, younger, his
male heirs and of tailzie therein contained, of all and sundry the
lands of Kilspindie, with the lands and towns thereof called
Craigkaine, Freland and Standandstanes, lying together with the
manor place, houses, buildings, yards, orchards, mills, multures,
mills lands thereof and all their pertinents, with tenants,
tenancies, service of free tenants of the same, advocations,
donations and rights of patronages of kirks and chaplainries
thereof, annexes, connexes, parts, pendicles and all and sundry
their pertinents whatsoever, lying in the barony of Kilspindie,
regality of St Andrews and sheriffdom of Perth, containing the
reservation of liferent of the said lands of Kilspindie and others
foresaid to the said Patrick Douglas, elder, of Kilspindie, during
his lifetime, as the said infeftment of the date at St Andrews, 12
July 1609, together with the instrument of sasine following
thereupon, in all and sundry points, passages, heads, articles,
clauses, conditions and circumstances whatsoever therein contained,
after the forms and tenors thereof, with all that has followed or
may follow thereupon. Likewise his majesty, with advice and consent
foresaid, statutes, decrees, declares and ordains that the foresaid
infeftments, tack, assignations, rights and securities made to the
said Sir Alexander Hay and Patrick Douglas and their foresaids of
the lands, teind sheaves and others above-specified, with their
pertinents, are and shall be sufficient, valid and lawful rights to
the said Patrick Douglas, his male heirs and assignees foresaid, for
possessing of the said lands, teind sheaves and others
above-mentioned, with their pertinents, at their pleasure in time
coming, according to the tenor of the foresaid infeftments and tack
respectively, and of the other rights and securities made to the
said Patrick Douglas and his foresaids thereupon in all points,
ordaining this act of parliament to be extended in such due form as
appropriate, and to insert the infeftments and tack respectively
above-specified at length therein, of which the tenors follow: that
is to say, the tenor of the infeftment made and granted to the said
Sir Alexander Hay of the forenamed lands of Aberlady:
To all
who shall see or hear this charter, Alexander, by divine permission,
bishop of Dunkeld, gives eternal greetings in the Lord, with the
express advice, consent and assent of the dean and chapter of the
church of our cathedral of Dunkeld. Because by the act of parliament
held in Perth on 9 July in the year of the Lord 1606 it was
expressly decreed by our supreme lord the king, with the express
consent and advice of the estates of this entire kingdom then
gathered in parliament, that the estates of bishops should be
reinstated and restored to their original and ancient dignities,
honours, privileges, lands and rents, as they were in the reformed
church before the annexation of the temporality of all benefices
within the realm of Scotland to the patrimony of the crown of our
said supreme lord the king, in conformity with the act of the
parliament held on 29 July in the year of the Lord 1587, this act
insofar as it extends or could extend to the dignities, honours,
privileges, castles, towers, fortalices, lands and rents of the said
bishops, is retracted, rescinded and annulled, with all other acts
of parliament passed, or following, or possibly following, to the
prejudice of the said bishops, to the end and effect that persons
provided or to be provided to the bishoprics of Scotland are able
freely, quietly and peacefully to enjoy and use all the honours,
dignities and privileges competent for them and their estate, after
the reformation of religion, with all lands, teinds, rents and other
things owed to them, similarly and as freely in all respects as if
the said act of annexation and other acts drafted to their prejudice
had never been passed, as is contained at length in the said act of
parliament passed on that subject; also because, as a result of the
sanction of both laws2 and the statutes of the most serene princes
of Scotland issued for the benefit of state and realm, it is assured
that lands and possessions both ecclesiastical and secular are to be
granted and leased in feu ferm or emphyteusis in heritage, so that
they, by the care, attention and toil of prudent men, may be
cultivated, improved and brought to more productive state of
fertility. Let it be known, therefore, that we, with the advice of
the forementioned, and in return for certain large sums of money
graciously and fully paid to us by the noble man Lord Alexander Hay,
knight, secretary of our supreme lord the king, and put to the use
of the seat of our bishopric, and for other instances of obedience,
gratitude and benefit given to us in many ways, with the express
consent and assent of the chapter of the said church of our
cathedral of Dunkeld, have given, granted, leased, leased out,
rented and in feu ferm or emphyteusis surrendered in heritage, and
by this present charter of ours have confirmed, and also by the
wording of the present document do give, grant, lease, lease out,
rent and in feu ferm or emphyteusis surrender in heritage, and
confirm by this present charter of ours, in favour of the foresaid
Lord Alexander Hay, knight, and any of his heirs and successors,
whole and complete, our demesne lands (commonly called the Mains of
Aberlady) and the lands called the mansion and bakehouse croft lying
adjacent to them, with teind sheaves included which are customarily
rented together with these lands; whole and complete, the warren
grounds called Links of Aberlady, with all their pertinents,
together with castle, tower and fortalice built by Patrick Douglas
of Kilspindie on the north side of the said lands towards the sea;
and also, whole and complete, the office of bailie of, whole and
complete, the lands and township of Aberlady, with their pertinents,
with all liberties, privileges, casualties, feus and dues owed to
the said office, lying within the constabulary of Haddington and the
sheriffdom of Edinburgh, apart from the manse and glebe and their
pertinents reserved for ministers serving the charge at the church
of Aberlady, according to the contents of the act of parliament in
this regard. Besides, with the advice and consent of the foresaid,
we give, grant and convey in favour of the foresaid Lord Alexander
Hay, knight, and his foresaid heirs and assignees, the whole right,
title, interest, claim at law (of claimant or possessor) which we or
our predecessors or successors had, have or could in any way have or
claim to have in respect of the lands and other things mentioned
above and their pertinents, or to any part of them, or to their
taxes, ferms, profits or dues in any years or at any terms in the
past or in the future, by reason of ward, relief, non-entry,
escheat, forfeiture, disclaimer, reduction of infeftments, sasines
or retours, of feu ferm, ferms and any dues of the same, at any
years or terms in the past, non-payment, omission, non-fulfilment of
any articles, clauses or conditions contained in ancient infeftments
of feu ferm, leases or rentals of lands or other things mentioned
above, in failure to confirm within the due time, or in any other
way, or by any right, title or by virtue of any acts of parliament
in favour of ourselves or our predecessors, or of any other acts,
statutes or laws (civil, canon or municipal) made or to be made to
the contrary, or for any other cause or occasion prior to the date
of the present document. We renounce, transfer and donate the same,
with all action and instance of the same, on behalf of ourselves and
our successors in favour of the foresaid Lord Alexander Hay, knight,
and his heirs and assignees in perpetuity, with agreement not to
claim, and with supplement of all defects and imperfections whether
named or not, past or future, which we wish to have in this present
charter of ours as if expressed. Further, with the advice and
consent of the forementioned, we have unified, created and
incorporated, and by the wording of our present charter, on behalf
of ourselves and our predecessors, we do unify, create and
incorporate, all and singly, the lands and other things above and
mentioned below, namely, whole and complete, the foresaid demesne
lands (commonly called the Mains of Aberlady) and the foresaid lands
called the mansion and bakehouse croft lying adjacent to them, with
teind sheaves included which are customarily rented together with
these lands; whole and complete, the foresaid warren grounds called
Links of Aberlady, with all their pertinents, together with the
foresaid castle, tower and fortalice built by Patrick Douglas of Kilspindie on the north side of the said lands towards the sea; and
also, whole and complete, the office of bailie of, whole and
complete, the lands and township of Aberlady, with their pertinents,
with all liberties, privileges, casualties, feus and dues owed to
the said office, lying as has been said, as one complete and free
tenancy to be called the tenancy of Aberlady. We wish and grant and
on behalf of ourselves and our successors decree and ordain that a
single sasine now to be held by the said Lord Alexander Hay, knight,
and in future by his foresaid heirs and assignees, shall stand and
be taken at the principal messuage and place of the manor of
Aberlady, and shall be for them a sufficient sasine for, all and
singly, the lands and other things particularly mentioned above,
with their pertinents, without any special or particular sasine
needing to be taken at any other place or part of these,
notwithstanding that they do not lie together and adjacent,
regarding which we, with the advice and consent of the forementioned,
have given dispensation and by the contents of our present charter
do give dispensation in perpetuity. All and singly, the lands and
other things mentioned above or below, namely, whole and complete,
the foresaid demesne lands (commonly called the Mains of Aberlady)
and the foresaid lands called the mansion and bakehouse croft lying
adjacent to them, with teind sheaves included which are customarily
rented together with these lands; whole and complete, the foresaid
warren grounds called Links of Aberlady, with all their pertinents,
together with the foresaid castle, tower and fortalice built by
Patrick Douglas of Kilspindie on the north side of the said lands
towards the sea; and also, whole and complete, the foresaid office
of bailie of, whole and complete, the lands and township of Aberlady,
with their pertinents, with all liberties, privileges, casualties,
feus and dues owed to the said office, lying as has been said (with
the reservation as previously reserved) - are to be held and had by
the foresaid Lord Alexander Hay, knight, and his foresaid heirs and
assignees from us and our successors as bishops of Dunkeld, in feu
ferm, and in fee and heritage in perpetuity, by all their correct
ancient measures and divisions, as they lie in longitude and
latitude, in houses, buildings, woods, plains and muirs, marshes,
roads and paths, waters, pools and streams, meadows, pastures and
grazings, mills, multures and their consequents, fowling, hunting
and fishtraps, peat mosses, turfbeds, coals, coalworkings, rabbits,
warrens, pigeons and dovecotes, workshops, breweries, brewhouses,
whins, woods, groves and thickets, wood, timber, stoneworkings,
stone and lime, with courts and their outcomes, inheritance
payments, bloodwit and marriage of women, with common pasture and
free entry and exit, and with, all and singly, freedoms, advantages,
profits and easements and any just pertinents whether named or not,
under or above ground, far and near, relating or justly capable of
relating in any way in future to the foresaid lands and other things
mentioned above with their pertinents, freely, quietly, fully,
completely, honourably, well and in peace, without any revocation,
contradiction, impediment or obstacle. In return, each year the
foresaid Lord Alexander Hay, knight, and his foresaid heirs and
assignees shall render to us and our successors as bishops of
Dunkeld the sum of £80 of the good and usual currency of the realm
of Scotland at the two terms of the year, namely the feasts of
Pentecost and of St Martin in winter [11 November] by equal portions
by way of feu ferm as feu ferm and augmentation for the lands and
other things mentioned above, with their pertinents, formerly paid
by use and custom, together with the sum of £10 of the foresaid
currency at the forementioned terms as a new augmentation of our
rental of the lands and other things mentioned above more than was
ever paid before for them in the past. Also, the heirs of the said
Lord Alexander Hay shall double the said feu ferm and augmentation
in the first year of their entry to the said lands and other things
already mentioned, with their pertinents, as is customary with feu
ferm, only, in place of any other burden, exaction, demand or
secular service which could in any way be exacted or demanded by
anyone in relation to the foresaid lands and other things mentioned
above, with their pertinents. Indeed we, the foresaid Alexander,
bishop of Dunkeld and our foresaid successors, with the advice and
consent of the forementioned, guarantee, renounce and in perpetuity
shall defend against all mortals by our deeds at least, whole and
complete the foresaid demesne lands (commonly called the Mains of
Aberlady) and the foresaid lands called the mansion and bakehouse
croft lying adjacent to them, with teind sheaves included which are
customarily rented together with these lands; whole and complete,
the foresaid warren grounds called Links of Aberlady, with all their
pertinents, together with the foresaid castle, tower and fortalice
built by Patrick Douglas of Kilspindie on the north side of the said
lands towards the sea; and also, whole and complete, the foresaid
office of bailie of, whole and complete, the lands and township of
Aberlady, with their pertinents, with all liberties, privileges,
casualties, feus and dues owed to the said office, lying as has been
said (with the reservation that has already been made), in favour of
the foresaid Lord Alexander Hay, knight, and his foresaid heirs and
assignees, as freely, quietly in all and through all, in form as in
effect as has been said. Hence we give greetings to you, jointly and
severally, our beloved [...] and any of you, our sheriffs specially
constituted in that part. We instruct and firmly order you that
having seen the present document, you forthwith should see to the
handing over and surrender without delay, as is the custom with
handings over and surrenders, according to the contents of our
charter written above (and which he has from us) - the status and
hereditary sasine and possession (corporeal, actual and real) of,
whole and complete, the foresaid demesne lands (commonly called the
Mains of Aberlady) and the foresaid lands called the mansion and
bakehouse croft lying adjacent to them, with teind sheaves included
which are customarily rented together with these lands; whole and
complete, the foresaid warren grounds called Links of Aberlady, with
all their pertinents, together with the foresaid castle, tower and
fortalice built by Patrick Douglas of Kilspindie on the north side
of the said lands towards the sea; and also, whole and complete, the
foresaid office of bailie of, whole and complete, the lands and
township of Aberlady, with their pertinents, with all liberties,
privileges, casualties, feus and dues owed to the said office, lying
as has been said (with the reservation that has already been made) -
to the forementioned Lord Alexander Hay, knight, or his certified
attorney, bearer of the present document, by [...] of earth and
stone, of the area of the said lands of Aberlady, at the said
principal messuage and place of the manor of the same, by virtue of
the forementioned union, as is the custom. And you should in no way
omit to do this. To do this, we grant to you and any of you, jointly
and severally our foresaid bailies in that part, our full and
irrevocable authority by the wording of the present document. In
testimony of this our own seal, together with the seal of our common
chapter, has been applied to our present charter (signed by the hand
of George Murray, servant of James Kinneir, scribe, with the royal
signet by his own hand and those of the dean and chapter of the said
church of our cathedral of Dunkeld), at Edinburgh on 23 February in
the year of the Lord 1611, in the presence of these witnesses: Lord
Archibald Douglas of Whittingehame, knight, Master William Oliphant
of Newton, Master Richard Douglas of Brockholes, Master John Hay of
Easter Kennet, William Hay of Struie, and the said James Kinneir and
George Murray, his servant.
Follows the tenor of the
forenamed tack of the teind of Aberlady set by the said Bishop of
Dunkeld to the said Sir Alexander Hay: Be it known to all men by
this present tack, we, Alexander, by the mercy of God bishop of
Dunkeld, with express advice, consent and assent of the dean and
chapter of the cathedral kirk thereof, for certain great sums of
money, other gratitudes, pleasures and good deeds paid, done and
performed to us for making and granting hereof by an honourable man,
Sir Alexander Hay, knight, secretary to our sovereign lord, whereof
we hold us well content and satisfied, and for us and our successors
quitclaim, exonerate and simply discharge the said Sir Alexander
Hay, his heirs, successors, executors, and all others whom it
pertains, of the same for now and ever, renouncing the exception of
no numerate money and all other exceptions whatsoever which may be
proposed or alleged in the contrary; therefore know us to have set
and in tack and assedation let and, by the tenor hereof, with advice
and consent foresaid, set and in tack and assedation let to the said
Sir Alexander Hay or to his assignees to be made and constituted by
him, for all the days, years, time and space of the lifetime of the
said Sir Alexander or of his assignee, and after the decease of the
said Sir Alexander or of his said assignee, to the male heir of the
said Sir Alexander or of his assignee foresaid to be constituted by
him as said is, for all the days, years, terms, time and space of
the lifetime of the said male heir, and after the decease of the
said male heir, to the same male heir, his nearest and lawful male
heirs and assignees whatsoever, for all the days, years, crops, time
and space of 19 years next and immediately following the decease of
the said male heir, so that this present tack and assedation shall
endure and continue for the whole years, crops, time and space of
the said two lifetimes and 19 years thereafter, without any interval
or break of time or space whatsoever, all and sundry the teind
sheaves of our parish kirk and parish of Aberlady, with parts,
pendicles and pertinents thereof (except the teind sheaves of the
mains of Aberlady, which with the said mains are set in feu ferm
heritably to the said Sir Alexander Hay and were ever included
therewith and never in use to be separate therefrom in any time
bygone), lying within the constabulary of Haddington and sheriffdom
of Edinburgh, pertaining to us as a part of the patrimony and
property of our said bishopric, beginning the said Sir Alexander or
his said assignee their entry to the said teind sheaves, for them
and their foresaids, at the feast and term of Lammas [1 August]
1610, and from thenceforth to endure and to be peaceably teinded,
led, collected, intromitted with, uplifted, set, used and conveyed
upon by them at their pleasure in all time coming during the space
foresaid, without any interval or break of time or space whatsoever;
with full power to the said Sir Alexander Hay or his assignee
above-nominated or their foresaids to teind, lead, collect, gather,
intromit with and uplift all and sundry the teind sheaves of the
parish kirk and parish above-specified (except before excepted) of
the foresaid crop and year of God 1610, and also of all years and
crops to come during the space above-expressed, and thereupon to
convey at their pleasure, and also upon the same teind sheaves,
inhibitions yearly at their instances to cause raise and be duly
served and executed, actions of spuilzie or wrongful intromission to
intend, prosecute and pursue, decreets thereupon to recover and the
same to due execution to be put, acquittances and discharges of the
same to give, subscribe and deliver, compone, transact and agree
relating thereto, and generally to do, use and exercise all other
things necessary in the premises and which we might have done
ourself before the making hereof; with power likewise to the said
Sir Alexander or his assignee and their foresaids to assign,
transfer and convey this present tack and assedation and teind
sheaves therein contained, in whole or in part, for whatsoever space
or spaces and to any person or persons they shall think expedient,
paying therefore the said Sir Alexander Hay or his said assignee to
be constituted by him and their foresaids to us and our successor
bishops of Dunkeld, or to others having our assignation, right and
power, yearly and each year during the lifetimes, years and spaces
respectively above-written, the sum of 200 merks usual money of this
realm of Scotland at two terms in the year, Whitsunday [May/June]
and Martinmas [11 November] in winter, by equal portions, together
with one chalder of wheat and one chalder of barley between the
feasts of Yule and Candlemas [2 February], and also the said Sir
Alexander Hay and his foresaids relieving us and our successor
bishops of Dunkeld of all taxations that shall happen to be imposed
upon the said teind sheaves, and also of the reparation and building
of the said kirk of Aberlady, and of the furnishing of the elements
of bread and wine to the communion to be celebrated within the said
kirk in all time hereafter during the years and space
above-specified. And we in truth the said Alexander, bishop of
Dunkeld, with consent foresaid, and our successor bishops of Dunkeld,
this present tack and assedation of all and sundry the said teind
sheaves of our said parish kirk and parish of Aberlady, with parts,
pendicles and pertinents thereof (except as is before excepted), to
the said Sir Alexander Hay or to his assignee above-nominated, their
male heirs and assignees foresaid, during the whole lifetimes, years
and spaces above-expressed, in all and by all things as is
above-mentioned from our own proper fact and deed only, at all hands
and against all persons as law will, shall warrant, acquit and
defend without fraud or guile. In witness of the which thing to this
tack (written by George Murray, servant to James Kinnear, writer to
his majesty's signet), subscribed by us and by the dean and chapter
of the said cathedral kirk of Dunkeld, our seal, together with the
common seal of chapter of the said bishopric, are hereto appended at
Edinburgh, 23 February 1611, before these witnesses: Sir Archibald
Douglas of Whittingehame, knight, Master William Oliphant of Newton,
Master Richard Douglas of Brockholes, Master John Hay of Easter
Kennet, William Hay of Struie and the said James Kinnear. It is thus
subscribed, [Alexander] Lindsay, [bishop of] Dunkeld, D. Ramsay,
archdean, M. Graham, dean, Master Alexander Ireland, chanter, Master
Sylvester Rattray, subchanter, Master William Issac, treasurer,
Master James Mercer, prebendary of Fardischaw, Master Ja[mes]
Stewart, prebendary of Inchmagrannachan, John Mann, parson of
Menmuir, Master Thomas Lundie, prebendary of Alyth, Master David
Drummond, prebendary of Crieff, William Bannewis, parson of Lundeif,
William Fife, prebendary of Cragie, Master James Ross, prebendary of
Muckersie, Master Alexander Omay, prebendary of Monzie, A[lexander]
Douglas, witness, [Sir William] Oliphant, witness, R[ichard]
Douglas, witness, M[aster] J[ohn] Hay, witness.
Follows the
infeftment made by the archbishop of St Andrews to Patrick Douglas,
younger, of Kilspindie, of the forenamed lands of Kilspindie etc. To
all who will see or hear this charter George, by divine mercy,
[arch]bishop of St Andrews and lord superior of lands and other
things mentioned below, gives eternal greetings in the Lord. Let it
be known that we, with the express consent and assent of the chapter
of the metropolitan church of St Andrews, gathered for this purpose
as a chapter, after diligent discussion and mature deliberation,
have given, granted and by this present charter of ours confirmed,
and also do give and grant and by this present charter of ours do
confirm, to our beloved Patrick Douglas, son and heir apparent of
Patrick Douglas of Kilspindie, legitimate offspring of him and of
his wife Agnes Gray, and to his legitimate male heirs to be born,
who by chance failing, to James Douglas, full brother of the said
Patrick Douglas of Kilspindie and his legitimate male heirs to be
born, who by chance failing, to James Douglas, second son of William
[Douglas], earl of Angus, lord Douglas and Abernethy etc., and his
legitimate male heirs to be born, all of whom failing they revert to
the forementioned Patrick Douglas of Kilspindie and any of his male
heirs and assignees, all and singly, the lands of Kilspindie, with
the lands and townships of the same called Craigkane, Freeland and
Standard Stanes lying contiguously, with manor place, houses,
buildings, gardens, orchards, mills, multures, mill lands of the
same, and each of their pertinents, with tenants, tenancies and
services of freeholders, advocations, donations and right of
patronage of churches and chaplaincies of the same, annex and connex,
parts, pendicles and each of their pertinents, lying in the barony
of Kilspindie, the regality of St Andrews and within the sheriffdom
of Perth. These lands of Kilspindie, with manor, houses, buildings,
mills, multures, annex and connex, tenants, tenancies and services
of freeholders, advocations and donations of churches and
chaplaincies and right of patronage of the same and any and each of
their pertinents as stated above, lying as above, formerly belonged
in heritage to Patrick Douglas of Kilspindie. He personally, of his
own accord, surrendered them at [...] on [...] of the month of [...]
in the year of the Lord 1609, into our hands as if into the hands of
his lord superior, through his procurators lawfully constituted for
this purpose and his letters patent, and he surrendered them purely
and simply, by baston and staff, and completely renounced all right
and claim, property and possession which the said Patrick Douglas of Kilspindie has, had or in any way could have in any way in future
for himself, his heirs and assignees, in respect of and towards the
same lands and other things mentioned above, in perpetuity - saving
and reserving to the foresaid Patrick Douglas of Kilspindie in free
tenement or liferent and usufruct all and singly the lands of
Kilspindie and other things mentioned above, with manor place,
houses, buildings, gardens, orchards, mills, mill lands of the same,
with tenants, tenancies and services of freeholders of the same,
annex and connex, parts, pendicles and each of their pertinents,
lying and relating as above, to the foresaid Patrick Douglas of Kilspindie for all the days of his life, and saving that
reservation, everything proceeding by law - in favour of the
foresaid Patrick Douglas of Kilspindie for the payment of those
debts or for the help or supplement of other children or for the
performance of his business, with full liberty, privilege and
authority at his will to levy and receive the sum of 5,000 merks of
the usual currency of the realm of Scotland from those lands, the
mill, mill lands and townships mentioned above, or any part of them,
and to alienate or pledge any part of the lands or mill or to take
and levy an annualrent on them for that sum, and further to do and
complete every necessary safeguard, and if it should happen to
redeem that alienation or pledge in total or in part by requisition
of a part or parts or otherwise, with a similar free authority,
facility and freedom for the foresaid Patrick Douglas of Kilspindie
to receive anew from the the same lands, mill and other things
mentioned above respectively or any part of them a sum similar to
what was paid for the redemption, and the same lands, mill and
townships mentioned above or any part of them or to levy and receive
an annualrent from them according to the amount of the said sum
spent by him and in his name for the foresaid redemption, and
regarding them and the said sum received by him, to do, make and
deliver every safeguard necessary for any alienations, pledges and
securities to be made as has been said, by the said Patrick Douglas
of Kilspindie. His said son and heir apparent Patrick Douglas, and forementioned heirs and assignees, shall be held by the contents of
the present document to give their consent and on that subject to
grant and complete for his proprietary creditors every necessary
security for the principal sums. All and singly, the forementioned
lands of Kilspindie, with manor, houses, buildings, with the lands
called Craigkane, Freeland and Standard Stanes, with mills, multures
and their consequents, with mill lands of the same, annex and connex,
tenants, tenancies and services of freeholders, advocations and
donations of churches and chaplaincies of the same, and each of
their pertinents, lying as above, are to be held and had by the
forementioned Patrick Douglas, son and heir apparent of Patrick
Douglas of Kilspindie, and by his legitimate male heirs to be born,
who by chance failing, to Alexander Douglas, full brother of the
said Patrick and his legitimate male heirs to be born, who by chance
failing, by the forementioned James Douglas, full brother of the
said Patrick of Kilspindie, and his legitimate male heirs to be
born, whom by chance failing, by the forementioned James Douglas,
second born son of the said William, earl of Angus, lord Douglas and
Abernethy etc., and by his legitimately born male heirs, all of whom
failing they revert to the forementioned Patrick Douglas of
Kilspindie and any of his male heirs and assignees - from us and our
successors as archbishops of the said archbishopric, in fee and
heritage in perpetuity, by all their correct ancient measures and
divisions, as they lie in longitude and latitude, in houses,
buildings, woods, plains and muirs, marshes, roads and paths,
waters, pools and streams, meadows, pastures and grazings, mills,
multures and their consequents, fowling, hunting and fishtraps, peat
mosses, pigeons and dovecotes, coals and coalworkings, rabbits and
warrens, fruit and orchards, workshops, breweries, brewhouses, whins,
groves and thickets, wood, stoneworkings, stone and lime, with
courts and their outcomes, inheritance payments, bloodwit and
marriage of women, with common pasture and free entry and exit, and
with, all and singly, freedoms, advantages, profits and easements
and any just pertinents whether named or not, under or above ground,
far and near, relating or justly capable of relating in any way in
future to the foresaid lands with their pertinents, freely, quietly,
fully, completely, honourably, well and in peace, without any
impediment, revocation, contradiction or obstacle. In return, each
year the forementioned Patrick Douglas, son and heir apparent of
Patrick Douglas of Kilspindie, and his legitimate male heirs to be
born, who by chance failing, the foresaid Alexander Douglas, full
brother of the said Patrick and his legitimate male heirs to be
born, who by chance failing, the said James Douglas, full brother of
the said Patrick of Kilspindie, and his foresaid heirs, whom by
chance failing, the said James Douglas, second born son of William,
earl of Angus, lord Douglas and Abernethy etc., and his forementioned heirs, all of whom failing, the said
Patrick Douglas
of Kilspindie and his forementioned heirs and assignees, shall
render to us and our successors as archbishops of the said
archbishopric the rights and services of the said lands of
Kilspindie and other things mentioned above, with their pertinents,
due and customary to and for us and our predecessors before the
foresaid resignation, only, in place of any burden, exaction,
request, demand or secular service which could justly in any way
have been exacted or required by anyone of the foresaid lands of
Kilspindie and other things mentioned above with their pertinents.
Further, for certain serious and reasonable causes which influence
us, and for a certain sum of money paid and delivered to us in
counted money by the said Patrick Douglas, younger, at the time of
completion of the present document, and applied by us to the
utility, use and convenience of our metropolitan church, with the
express advice and consent of the chapter of the same church, we do
not only ratify, approve and for ourselves and our successors
confirm in perpetuity the foresaid resignation and all the other
rights, titles and securities of lands and other things mentioned
above, but also, with the advice of the forementioned, we have anew
given, granted and conveyed, and by the contents of our present
charter we do give, grant, convey and on behalf of ourselves and our
successors, with the advice of the forementioned, in heritage
confirm to the forementioned Patrick Douglas, younger, son and heir
apparent of the said Patrick Douglas of Kilspindie, legitimate
offspring of him and of his wife Agnes Gray, and to his legitimate
male heirs to be born, who by chance failing, to Alexander Douglas,
his full brother and his legitimate male heirs to be born, who by
chance failing, to James Douglas, full brother of the said Patrick
Douglas of Kilspindie and his legitimate male heirs to be born, whom
by chance failing, to James Douglas, second son of William, earl of
Angus, lord Douglas and Abernethy etc., and his legitimate male
heirs to be born, all of whom failing, they revert to the forementioned
Patrick Douglas of Kilspindie and any of his male
heirs and assignees - all and singly, the foresaid lands of
Kilspindie, with the lands and townships of the same called
Craigkane, Freeland and Standard Stanes, lying contiguously, with
manor place, houses, buildings, gardens, orchards, mills, multures,
mill lands of the same, and each of their pertinents, with tenants,
tenancies and services of freeholders, advocations, donations and
right of patronage of churches and chaplaincies of the same, annex
and connex, parts, pendicles and each of their pertinents, lying as
has been said, with all rights, right, title, interest, claim at law
(of claimant or possessor), property or possession which we or our
predecessors or successors had, have or could in any way have in and
to the foresaid lands of Kilspindie, with the lands and townships of
the same called Craigkane, Freeland and Standard Stanes, lying
contiguously, with manor place, houses, buildings, gardens,
orchards, mills, multures, mill lands of the same, and each of their
pertinents, with tenants, tenancies and services of freeholders,
advocations, donations and right of patronage of churches and
chaplaincies of the same, annex and connex, parts, pendicles and
each of their pertinents, lying as said above, or to any part of
them, or to their ferms, profits or dues in any years or at any
terms in the past or in the future, which we had, have or in any way
could claim or pretend to have, by reason of ward, relief,
non-entry, recognition, forfeiture, bastardy, escheat, disclaimer of
infeftments, sasines or retours, reduction or annulment of the
holdings of the last heir, non-demonstration of rights and
securities, non-production, alienation of the greater part of the
said lands without the consent of their lords superior, non-payment
of annualrents, dues and services of the said lands or other things
mentioned above, process, valuation or sasine relating thereto,
non-taking of rental or signatoryship in accordance with any acts of
parliament passed in that regard, or by virtue of the act of
annexation or of any other acts of parliament, other laws or
statutes made or to be made to the contrary, non-confirmation in due
time or falling in any way or in our hands and coming into our
donation or disposal by any other right and title in the person of
us or our successors by the force of the act of parliament held in
Perth in July in the year of the Lord 156[...] we, restoring fully
and completely to our and our predecessors' dignity, honour, place
and pre-eminence of archbishopric which was customary in any age
before the acts, or devolved for any other reason named or not, with
agreement not to challenge, and with supplement of all defects prior
to the date of the present document, and renouncing in favour of
them every action and instance on behalf of ourselves and our
predecessors for now and in perpetuity. All and singly, the foresaid
lands of Kilspindie, with the manor, houses, buildings and lands
called Craigkane, Freeland and Standard Stanes, with mills, multures
and their consequents, annex and connex, tenants, tenancies and
services of freeholders, advocations, donations of churches and
chaplaincies and right of patronage of the same and each of their
pertinents, lying as has been said, are to be held and had from us
and our successors as archbishops of the said archbishopric, in fee
and heritage in perpetuity, by all their correct ancient measures
and divisions, as they lie in longitude and latitude, in houses,
buildings, etc., with mills, multures and their consequents,etc.,
with any of their pertinents whether named or not, relating or
justly capable of relating in any way in future to the foresaid
lands of Kilspindie and other things mentioned above, with their
pertinents. In return, each year the said Patrick Douglas, son and
heir apparent of the said Patrick Douglas of Kilspindie, and his
foresaid male heirs and others named above, shall render to us and
our successors the rights and services relating to the said lands of
Kilspindie and the other things mentioned above which were due and
customary for us and our predecessors before the foresaid surrender,
only, in place of any other burden, exaction, request, demand or
secular service which could in any way be justly exacted or demanded
by anyone in relation to the foresaid lands of Kilspindie and other
things mentioned above with their pertinents. Indeed, we and our
successors guarantee, renounce and in perpetuity shall defend
against all mortals by our deeds at least, all and singly, the
forementioned lands of Kilspindie with each of their pertinents
specified above, in favour of the forementioned Patrick Douglas, son
and heir apparent of the foresaid, and his foresaid male heirs and
successors specified above, as freely and quietly, in and through
everything, in form as in effect, as has been said. Hence we give
greetings to you, jointly and severally, our beloved [...] and any
of you, our bailies in that part. We instruct and order you that
having seen the present document, you or one of you forthwith should
see to the proper handing over and surrender without delay, as is
the custom in such circumstances, according to the contents of our
charter made out in that regard - the status and hereditary sasine
and possession (actual and corporeal) of, all and singly, the
foresaid lands of Kilspindie, with their pendicles called Craigkane,
Freeland and Standard Stanes, and with mills, mill lands, tenants,
tenancies and services of freeholders of the same, advocations and
right of patronage of churches and chaplaincies of the same and each
of their pertinents, in favour of the forementioned Patrick Douglas,
son and heir apparent of the said Patrick Douglas of Kilspindie, and
his foresaid male heirs or his certified attorney, bearer of the
present document, by [...] of earth and stone, of the area of the
said lands and mill, with the reservation to Patrick Douglas of Kilspindie, father of the said
Patrick Douglas, in liferent, of all
and singly the forementioned lands of Kilspindie and other things
already said for the duration of all the days of his life. And you
should in no way omit to do this. To do this, we grant to you and
any of you, jointly and severally, our foresaid bailies in that
part, our full and irrevocable authority by the wording of the
present document. In testimony of this, our round seal, together
with the present seal of our said chapter, as sign of their consent
and assent, have been applied to the foregoing, this present charter
of ours and the instruction of sasine inserted in it (from the
handwritten document of John Blair, servant of George Mack, scribe,
with the royal signet), at St Andrews on 12 July in the year of the
Lord 1609, in the presence of these witnesses: Master John Wemyss of
Craigton, commissioner of St Andrews, Master Alexander Gledstanes,
our son, William Douglas, servant of the said Patrick, and David
Skinner, notary public, our servant. It is thus subscribed, George [Gledstanes,
archbishop of] St Andrews, J[ohn] Wemyss, witness, M[aster]
Alexander Gledstanes, witness, William Douglas, witness, David
Skinner, witness and writer, of the date and witnesses in this
present charter.
NAS, PA2/18, f.15r-17v.
i.e., civil and
ecclesiastical.
Any contributions will be
gratefully accepted
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