More from RPS
Charles II: Translation
1661, 1 January, Edinburgh, Parliament
Parliamentary Register
At Edinburgh 3 April 1661
Charters: ratifications
Ratification for David Wemyss, earl of Wemyss etc.
QUOTE
Ratification for [David Wemyss], earl of Wemyss etc.
Our sovereign lord, with advice and consent of his estates of parliament, ratifies and approves the charter made and granted by his majesty under his highness's great seal of this kingdom, to his majesty's right trusty cousin and councillor David, earl of Wemyss, lord Elcho, and the male heirs lawfully procreated or to be procreated of his body, which failing to whatsoever person or persons the said earl of Wemyss shall please nominate and destined to succeed to him in the lands and others under-written, at whatsoever time of his life whether sick or whole or upon his death bed, and failing of the foresaid nomination and destination to be made by the said earl of Wemyss in his lifetime, then and in that case to the said earl of Wemyss his nearest and lawful male heirs whatsoever heritably, of all and sundry the lands, baronies and others after-specified, to wit all and sundry the barony of Wemyss, comprehending the lands and others after-mentioned, namely, the lands of Wemyss-shire, with the castle, tower, fortalice, manor place and mains thereof, Little Lun, Tullybreck, Cameronmill and haugh, with the parts, pendicles and pertinents of the same, lying within the sheriffdom of Fife; all and whole the lands of West Dron, Dron Hill with the parts, pendicles and pertinents of the same, lying within the sheriffdom of Perth; all and whole the lands of Kinnaird, with tenants, tenandries and service of free tenants of the same, lying within the foresaid sheriffdom of Perth; all and whole the towns and harbours of Wemyss erected of old in a free burgh of barony and free sea port, with the yearly free fairs and weekly markets of the same burgh of barony, together with all and sundry liberties, privileges, immunities, tolls, customs, anchorages, casualties, duties and commodities whatsoever pertaining and belonging to the foresaid burgh of barony, free fairs and weekly markets thereof and free sea port of the same, with all their pertinents; all and whole the lands of Raith, Powguild and Glenniston, with tenants, tenandries and service of free tenants, of all and sundry the foresaid lands with the pertinents, all lying within the said sheriffdom of Fife; all and whole the lands of Elcho with the castle, tower, fortalice, manor place and mains thereof, houses, biggings, yards, orchards, parts, pendicles and all their pertinents, the lands of Bachabroun† with the insh and fishings thereof, the lands of Craigtoun, with parts, pendicles and whole pertinents of the same, lying within the foresaid sheriffdom of Perth, which are held and were held of old by the said earl of Wemyss and his predecessors immediately of his majesty and his most royal progenitors; all and whole the dominical lands or mains of the grange of Elcho, not only comprehending therein the lands of the mains of the grange of Elcho, but also comprehending therein all and whole those twenty-four acres of land called the Cotterland of Wester Elcho, with the houses, biggings, yards, tofts, crofts and whole pertinents pertaining to the said twenty-four acres of land, together with the mill and salmon fishing thereof, which were held of old of the monastery of Elcho, and also, all and sundry the teind sheaves and other teinds whatsoever of all and sundry the foresaid lands and teinds of the mains of Elcho, and of the said twenty-four acres of land, mill and fishing which were held of old of the foresaid monastery of Elcho, all lying within the diocese of St Andrews and sheriffdom of Perth above-mentioned; and all and whole the office of bailiary of all and whole the lands and possessions whatsoever which pertained of old or may be known to pertain to the foresaid monastery of Elcho, with the little meadow which lies contiguously with the said lands of Easter Elcho upon the west part with the pertinents, together with all and sundry liberties, privileges, casualties, profits and duties pertaining and belonging to the foresaid office of bailiary particularly and generally mentioned, and expressed in the infeftments made to the deceased Sir John Wemyss of that ilk, knight, great grandfather to the deceased John, earl of Wemyss that last deceased, which all and sundry the lands and others above-mentioned, are united and erected in a whole and free barony called the barony of Wemyss; all and whole the barony of East Wemyss, comprehending therein the lands and mains of East Wemyss, with the tower, fortalice, manor place, yards, orchards, dovecots and pertinents thereof whatsoever, the lands of Kirkton, the lands of Windyedge, the lands of Harlaw, the town and lands of Buckhaven and all other parts and pendicles whatsoever of the foresaid lands and barony of East Wemyss, lying within the parish of Wemyss, with mills, woods, fishings, tenants, tenandries, service of free tenants thereof, coals, coalheughs of the same, and with the advocation, donation and right of patronage of the chaplainry called St Katherine's Chapel situated within the kirk of Wemyss; all and whole the lands of Spittal, Cartmore and Dundonald (except the lands and tenantry of Glassmount only) with tenants, tenantries and service of free tenants of the same, and all their pertinents lying in the barony of Lochoreshire, which of old was annexed to the foresaid barony of East Wemyss, all lying within the said sheriffdom of Fife, with special and full power and privilege to the said earl of Wemyss and his above-written, to win and dig coals and coalheughs within the seaflood, within the whole bounds above-rehearsed, and also to dig and hold saltpans within any part of the same bounds between the Podlockcraig and the burn of Denburne,† as shall seem most expedient to them; as also all and whole the lands of Cameron, with the manor place, houses, biggings, yards, orchards, tofts, crofts, outsets, parts, pendicles and pertinents thereof, with coals and coalheughs of the same and with the corn mill of Cameron, mill-lands, multures, sequels and all their pertinents, lying within the stewartry of Fife and sheriffdom thereof above-rehearsed as for the principal, and likewise, of all and whole the lands and barony of Tillicoultry namely, Balchartie, Drummie, Shannock, Coishmachtane, Columsdavoch, with the corn mill of Cairntoun, with the waulk mill Ellock, Davock and Herviesdavock, the lands of Hilton of Tillicoultry, with the tower, fortalice, manor place, houses, biggings, yards, orchards, parts, pendicles and their pertinents whatsoever, lying within the sheriffdom of Clackmannan and that in special warrandice and security of the infeftment of warrandice made and granted by the deceased James [Colville], lord Colville that last deceased to Robert Colville of Cleish, his heirs and assignees heritably of the foresaid lands and lands of the mains of East Wemyss with the pertinents and in warrandice of the lands of Wester Cleish with the pertinents, lying within the foresaid sheriffdom of Fife, made over by the said deceased James, lord Colville to the said Robert Colville of Cleish and his above-written, as the rights and securities made to them thereupon at more length purports, so that if the said earl of Wemyss or his above-specified shall be troubled or molested in the peaceable possession, bruiking and enjoying of the foresaid lands and barony of East Wemyss, or any part thereof, or if the same or any part thereof shall happen to be evicted from them by order of law, by virtue of the infeftment of warrandice above-mentioned granted to the said Robert Colville of Cleish, as is above-expressed only and no otherwise, then and in that case the said earl of Wemyss and his above-specified shall have full and free regress, ingress and access in and to the foresaid lands and barony of Tillicoultry, comprehending therein the lands, mills and others particularly above-written, with their pertinents proportionally and pro rata corresponding to the foresaid perturbation or eviction until such time as the said earl of Wemyss or his above-rehearsed shall peaceably bruik and enjoy the foresaid lands and barony of East Wemyss with the pertinents, without any perturbation or impediment, all united and incorporated in a whole and free barony called the barony of East Wemyss; of all and whole the lands of Methil and barony thereof with the corn and waulk mills of the same, together with the mill-lands, sequels and astricted multures pertaining thereto; of the lands of Methilhill and Pirnie, with annexes, connexes, parts, pendicles and whole pertinents of the same, with coals and coalheughs of the foresaid lands of Methil, Methilhill and Pirnie, and of the mains of Methil, called the kirklands of Methil, and of all and whole the barony thereof, as well under the earth as above the same, far and near in whatsoever part of the foresaid whole lands respectively and barony of Methil and mill-lands thereof, freely and peaceably, when and as often as they shall think fit, to search, dig and work the same, together with the superiority of the lands of Caldcoats and two parts of the lands of Litlekilmonks, and lands thereof, tenants, tenantries and service of free tenants of the same, together with the office of bailiary and keeping of all and whole the water of Leven and loch of the same water, as it flows and runs in length and breadth to the sea, in the whole parts of the foresaid water, with every ninth fish of salmon taken therein, and whole fees and duties of the same office used and wont, with full and free power to keep courts, create bailies, clerks, serjeants and whole remaining members of court according to use and wont, together with the right and title of the patronage of the parsonage and vicarage of the kirk of Methil within the diocese of St Andrews, with the whole profits and duties thereof, lying in the regality of St Andrews and within the foresaid sheriffdom of Fife; and of all and whole the lands of Lochead, with houses, biggings, coals, coalheughs, stone and lime, the loch of the foresaid lands called Lochgelly, fishings thereof, multures, knaveships, tenants, tenantries, service of free tenants, parts, pendicles and pertinents of the same, lying within the barony of Westerlochorshire, alias Inchgall, and the foresaid sheriffdom of Fife, together also with the style, title, honour and degree of dignity of earl of Wemyss, with all preeminencies, privileges and liberties belonging and pertaining thereto, together also with the confirmation, new gift, new erection, change of holding and others expressed in the foresaid charter and especially without prejudice of the said generality, the power and privilege granted to the said earl of Wemyss, at any time during his lifetime, whether sick or whole or in his death bed, to name and determine whatsoever person or persons he shall think expedient to succeed to him in the whole lands, baronies and others above-mentioned (failing of male heirs lawfully procreated or to be procreated of his own body) and that it shall be rightful to the foresaid person or persons so to be named by him to obtain themselves served, retoured, infeft and seised in the same as heir or heirs of tailzie to him, as as if the foresaid lands and others above-rehearsed were expressly provided to the said person or persons in the case above-mentioned by way of tailzie; with the which and anent all laws and practice of this kingdom made and observed or to be made and observed in the contrary, his majesty, for his highness and his successors, has dispensed forever, as the foresaid charter of the date at Stirling, 22 July 1651, at more length purports; together likewise with the precept and instrument of sasine following thereupon in all and sundry points, articles and clauses therein-contained, after the form and tenor of the same, and declares, statutes and ordains that this present general ratification thereof is and shall be as valid and sufficient, in all respects, as if the same were at length inserted in this present act of parliament, dispensing with the not inserting thereof herein and with all other exceptions and allegations of the law that can be argued or alleged against the validity thereof.
NAS. PA2/26, 174-177. Back
Possibly 'Balhepburn' on the Tay. Back
Perhaps 'Denbrae'. Back
Popup Close
NAS. PA2/26, 174-177.
Alexander III: Translation
1256, 13 January, Holyrood, Colloquium
Colloquium Record
13 January 1256
Judicial procedure: quitclaim of a suit
QUOTE
Judicial procedure: quitclaim of a suit
In A.D. 1255, when David de Lochore, then sheriff of Perth, had begged four merks from the abbot and convent of Dunfermline for the needs of the lord king for the default of a suit at the court of the sheriffdom of Perth concerning the lands of Fordie,† Couttie,† Bendochy, Little Keithock, Inchturfin and Dummernech,† at length, at the instance of the same abbot and convent the lord king caused an inquisition to be made in the presence of Alexander Comyn, earl of Buchan, then justiciar of Scotia, by many barons, whether the said suit ought to happen concerning these lands or not. Having made diligent and faithful inquest concerning this said matter thereafter, Sir Gilbert de Hay, bringing about the said inquest, was present in the full colloquium of the lord king held at Holyrood on the twentieth day of the nativity of the Lord in the same year, [and] pronounced that the verdict of the barons was that they [would] see any men from the foresaid lands [who came] to the said court, but none came there as suitors. By means of which [verdict] the lord king, in the foresaid full colloquium by the common counsel of his magnates present there, altogether quitclaimed this abbot and convent and their men in so far as making the foresaid suit in perpetuity.