Charter to Col James Douglas

 

Our sovereign lord, with advice and consent of the estates of parliament now presently convened, ratifies and approves and, for his majesty and his successors, perpetually confirms, the charter and infeftment granted by our late sovereign lord, his majesty's dearest brother, of ever blessed memory, with advice and consent of the late lords commissioners of his majesty's treasury, and the rest of the lords and other commissioners of exchequer, within his majesty's ancient kingdom of Scotland, to his majesty's loved Colonel James Douglas, brother german to the then earl, now [William Douglas], duke of Queensberry, his heirs and assignees whomsoever, heritably and irredeemably, of all and whole the ten pound land of old extent of Cumloden with the pertinents, together with the fishing thereof on the water of Cree, comprehending the lands underwritten, namely the lands of Dalheugan, Glenhoise, Drumakillan, now called Drumlawhinnie, Risk, Auchinleck, Over and Nether Dallash, Over and Nether Stronbae, Duncreif, Dirrilyean, Lowes, Craigencallie, Laggan and Maryquhill, with the manor place, houses, biggings, yards, orchards, corn-mills and waulk mill, woods, fishings, parts, pendicles and pertinents of the foresaid lands, lying within the lordship of Galloway, parish of Minnigaff and stewartry of Kirkcudbright; and also, all and whole the half merk land of Lesseme, half eight shilling and four merk and four penny lands of the lands of Kirroughtree, half five shilling lands of Craigdhu, half six shilling and eight penny lands of Corseminnoch, half six shilling and eight penny lands of Blackcraig, with the manor place of Blackcraig, houses, biggings, yards, orchards and pertinents thereof, the half of the fishing of Kirroughtree, in the water of Cree, lying contiguous and against the lands of Kirroughtree, all extending to a twenty shilling land of old extent, with the houses, biggings, yards, orchards and whole parts, pendicles and pertinents thereof, lying in the parish of Minnigaff and stewartry foresaid, which charter proceeds upon the forfeiture of Patrick Murdoch, sometime of Cumloden, to whom the said lands did of before heritably pertain, and were immediately held by him of his majesty, and which lands fell into his majesty's hands, and at his gift and disposition by reason of forfeiture, laws and practice of this realm, and privilege of the crown through the being of the said Patrick Murdoch in a justice court held by the lord justice general, lord justice clerk and remaining lords of justiciary, at Edinburgh upon the [---] day of [---] 1600 [---] years, duly and lawfully adjudged and declared rebel and traitor for the crime of treason and rebellion, particularly specified and contained in the process and decreet of forfeiture therein mentioned. Likewise his said late majesty did thereby, with advice foresaid, give and convey to the said Colonel James Douglas, and his foresaids, all and sundry other lands, heritages, tenements, annualrents, liferents, teinds, reversions, wadsets, mills, woods, fishings, tacks, steadings, rooms, possessions, bonds, obligations, as well heritable as moveable, duties, sentences, debates, sums of money, jewels, silver, gold, coined and uncoined, insight plenishing, horse, nolt, sheep and all other goods and gear whatsoever, that pertained to the said Patrick Murdoch, the time of his rebellion and committing of the deeds of treason specified in the said doom of forfeiture, then likewise fallen and become in his majesty's hand, and at his highness's gift and disposition, by reason of the said forfeiture, through being of the said Patrick Murdoch declared rebel and traitor at the time, for the causes and conforming to the sentence and doom of forfeiture above-mentioned, with power to the said Colonel James Douglas to intromit therewith, call, follow, charge and pursue thereof, as accords of the law, and which charter, for the faithful services done and to be done by the said Colonel James Douglas, to his majesty and his successors, contains an ample new gift of the said whole lands, in manner at length therein contained, with a dispensation for taking sasine upon any part of the grounds of the said lands for the whole, and a dispensation for the heirs to be served in minority, contained in the said charter; to be held of his said late majesty, and his successors, in fee and heritage forever, giving thereof yearly the said Colonel James Douglas, and his above-written, to his majesty and his successors, immediate lawful superiors of the lands and others above-written with the pertinents, the tax duties respective underwritten, due and payable to his majesty and his successors furth of the said lands, for the ward, relief, non-entry and marriage, how often and whensoever the same shall happen in all time coming, namely £100 Scots money yearly for the ward and non-entry, and the like sum of £100 money foresaid for relief, and the sum of £200 money foresaid for the marriage of the heir or heirs, how often and whensoever the same shall happen in all time coming, to which particular tax duties above-mentioned, for the said ward, non-entry, relief and marriage, due and payable out of the said lands by the former infeftments thereof, by the said charter are taxed in all time coming, conforming to another charter of tax ward, under his majesty's great seal, granted to the said Patrick Murdoch, of the date at Whitehall, 22 July the year of God 1673, for all other burden, exaction, question, demand or secular service, which may be justly exacted or in any way required furth of the said lands, with the pertinents, as the same charter granted to the colonel, of the date at Whitehall, 26 April 1681, and of his late majesty's reign the thirty-third year, under his majesty's great seal, containing precept of sasine in the end thereof more fully bears; together with the said charter of conversion, of the date above-expressed, to which the said colonel has right by the gift of forfeiture and sasine following thereon, together with the instrument of sasine following upon the said Colonel James Douglas his charter, under the sign and subscription of [---], notary public, registered in [---] upon the [---] day of [---] 1600 [...] years; and also, the disposition made and granted by the said Colonel James Douglas to Andrew Heron of Kirroughtree and Robert Barton, writer in Edinburgh, therein designed indweller there, equally between them, their heirs and assignees heritably of the said lands and others foresaids, containing procuratory of resignation therein, and whereupon resignation followed in exchequer, of the date 4 April 1682, together with the said Andrew Heron his disposition and assignation made in favour of the said Robert Barton, of his just and equal half of the said lands, dated 21 December 1682. And also, the charter and infeftment granted by our said late sovereign lord, with advice and consent of the lord high treasurer and treasurer depute and lords and others of exchequer, to his majesty's loved Robert Barton above-named (therein designed of Risk), his heirs and assignees heritably whomsoever, of all and whole the lands, fishings and others above-specified, lying in manner as above set down, which charter proceeds upon the resignation of the said Colonel James Douglas in favour of the said Andrew Heron and Robert Barton, equally between them, and the said Andrew Heron his assignation thereof in favour of the said Robert Barton, and which charter contains a dispensation for taking sasine at the manor place of Risk, or upon the ground of any part of the said lands for the whole, and a dispensation to serve in minority; to be held of his said late majesty, and his successors, in fee and heritage forever, for payment of the tax duties particularly above-expressed, as the said charter, containing a confirmation to Euphame Wemyss, spouse to the said Robert Barton, of the liferent provision of £340 granted to her by the said Robert, to be uplifted furth of certain parts of the said lands, and a precept of sasine, of the date at Edinburgh, 14 March 1684, and of his late majesty's reign the thirty-sixth year bears; together with the instrument of sasine following thereon, under the sign and subscription of [---], notary public, dated the [---] day of [---] 1600 and [---] years, in all and sundry the heads, points, clauses, articles, circumstances, provisions and conditions whatsoever contained in the said charters, sasines and other writs above-mentioned, after the forms and tenors thereof in all points. And his majesty, with advice and consent of the estates of this present parliament, statutes and ordains the foresaid charter granted in favour of the said Colonel James Douglas, containing the said of novodamus, with the dispensations for sasine and serving in minority, tax holding and reddendo in manner above-specified, precept of sasine therein contained and instrument of sasine following thereon, with the said charter of conversion from ward to tax ward granted to the said Patrick Murdoch, whereto the said Colonel James had right by the gift of forfeiture, as said is, with the two dispositions above-mentioned, whereby the right of the foresaid charter in favour of the said Colonel James Douglas and charter of conversion above-written, are conveyed in the person of the said Robert Barton, and also the said Robert Barton his own charter, under the great seal, containing the foresaid dispensations for taking sasine and serving in minority, precept and instrument of sasine contained in and following upon the said charter, to stand, subsist and be good, valid and sufficient rights and securities to the said Robert Barton (in whose person the right of the whole of these matters as set forth is now fully established) and his foresaids, for bruiking and enjoying the same as their heritage in all time coming, in so far as concerns the interest of his majesty and his successors, or the said estates of parliament, so that the same shall never be revoked, quarrelled nor recalled by his majesty, nor his successors, nor by the said estates of parliament, in time coming, directly nor indirectly, upon whatsoever ground of law, act of parliament or constitution whatsoever. And also, his majesty, with advice and consent foresaid, dispenses with the generality above-written, and wills and grants and, for his majesty and his successors, decrees and ordains that this present ratification is and shall be as valid, effectual and sufficient in all respects to the said Robert Barton, in whose person the right of the whole of these matters are now established in manner above-written, and his foresaids, as if the said charters, sasines, dispositions and others above-confirmed were herein word for word and specially and particularly inserted and engrossed; with the which our sovereign lord, with advice and consent foresaid, for his majesty and his successors, has dispensed as said is and, by this ratification, dispenses forever.

 

 

 

This page was last updated on 29 June 2015

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