Ratification in favour of Sir Alexander Seton of Pitmedden

 

Our sovereign lord, with advice and consent of the three estates of parliament, considering and perpending the constant zeal and loyalty of Sir Alexander Seton of Pitmedden, one of the senators of the college of justice, to his majesty's person, kingly authority and government, even to this day, and that moreover John Seton of Pitmedden, his father, was killed in the service and camp of his majesty's father, of ever blessed memory, in the intestine and unhappy war in this his majesty's ancient kingdom of Scotland, in the year of our lord 1639, and likewise that James Seton of Pitmedden, eldest brother to the said Sir Alexander, entered his majesty's service in the late war by sea with the Dutch in the year 1665, and continued in the said service, even from the beginning to the end, with great courage and magnanimity, and died therein, and his majesty being most willing, for the causes foresaid, and other onerous causes and good considerations moving his highness thereto, to confer a character of his royal bounty and favour upon the said Sir Alexander and his family; therefore, our said sovereign lord, with advice and consent of his said estates of parliament, by this act, ratifies, approves and perpetually confirms a charter, of the date at Whitehall, 1 June 1677, proceeding upon a signature, under his majesty's royal hand, whereby our said sovereign lord, with consent of the lords commissioners of his majesty's treasury and exchequer of the said ancient kingdom, gave, granted and conveyed and, for his majesty and royal successors, perpetually confirmed to the said Sir Alexander Seton, in liferent during all the days of his lifetime, and to William Seton, his eldest lawful son, and male heirs lawfully to be procreated of his body, which failing to the other male heirs lawfully procreated or to be procreated of the said Sir Alexander's body, which failing to the female heirs procreated or to be procreated of his body, which failing to any person or persons whom the said Sir Alexander shall appoint to succeed to him by a nomination under his own hand, even in death, and heirs of their bodies, still with the burden of the provisions to be contained in the said nomination, which also failing and, in case the said Sir Alexander makes no such nomination or being made that the same be revoked by him, then and in that case to the nearest heirs and assignees of the said Sir Alexander whatsoever, the eldest daughter or female heir, without division, still succeeding and marrying a gentleman of the name of Seton, at least who and their heirs shall assume the said surname and bear the arms of the family of Pitmedden, heritably and irredeemably, with the provisions, under the reservations, restrictions and upon the conditions specified in the said charter, as also mentioned in the several letters of procuratory of resignation therein rehearsed and not otherwise, all and whole the four ploughs of the town and lands of Allathan, with the mill thereof, mill-lands, multures, sucken, sequels and knaveships of the same, with the crofts of Cloisterseat and Houfasyd pertaining thereto, with all and sundry houses, biggings, yards, tofts, crofts, parts, pendicles and pertinents thereof, together with the teind sheaves and other teinds, great and small, as well parsonage as vicarage of the same, as also the teinds of the lands and mains of Pitmedden, and of the town and lands of Torry and mill-lands thereof, all lying within the barony of Allathan, parish of Udny and sheriffdom of Aberdeen, and all formerly belonging heritably to the said Sir Alexander, and held by him of his majesty; and likewise, all and whole the town and lands of Craig of Allathan, with that croft of land called Crawhill, the towns and lands of over and nether Ardmore, and teinds as well great as small, parsonage as vicarage thereof, and likewise all and whole the south part of the town and lands of Logierieve, with the lands of Millfield of Orchardtown, with these six rigs of the Bearhill of Orchardtown, with the mill of Logierieve, alias Orchardtown, mill-lands, multures, sequels and knaveship thereof, namely, the whole multures of the lands of Logierieve and Orchardtown, and others used and wont, with all and sundry manor places, houses, biggings, yards, orchards, tofts, crofts, outsets, insets, mosses, muirs, marshes, annexes, connexes, parts, pendicles and pertinents thereof, with free ish and entry thereto, and all other rights and righteous pertinents and privileges formerly belonging to the same, together with the parsonage teinds and other teinds thereof, as well great as small, parsonage as vicarage of the same lands, and others foresaid, all of old lying within the barony of Allathan, now by annexation within the barony of Ardgrain, parish and sheriffdom foresaid, and which whole lands and others foresaid, pertained heritably of before to the deceased Sir John Forbes of Waterton, held by him immediately of our said sovereign lord. As also, all and whole the town and lands of Logierieve, commonly called North Logierieve, with the manor place, houses, biggings, yards, orchards, tofts, crofts, mosses, muirs, marshes, parts, pendicles and universal privileges and righteous pertinents of the same whatsoever, lying within the parish of Logie-Buchan and sheriffdom foresaid, and which formerly pertained to William Gordon, writer in Edinburgh, Christiane Kemp, widow of the deceased Alexander Robertson, bailie in Aberdeen, Margaret Kemp, widow of the late Mr William Seaton, late minister at the kirk of Logie-Buchan, heir portioners served and retoured to the deceased Mr Thomas and Catherine Kemp, their brother and sister, William Thores of Muiresk, James Innes, writer in Edinburgh, and John Lindsay of Easter Tyrie, or one or others of them heritably, held by them or one or other of them of our said sovereign lord. And likewise, all and whole the lands and barony of Dumbreck, comprehending the mains and manor place of Dumbreck, castle, tower and fortalice thereof, the towns and lands of Newseat, Outseat, Thornefoord, mill of Dumbreck, milltown thereof, mill-lands, multures, sucken, sequels and knaveship of the same, with all and sundry houses, biggings, yards, orchards, mills, woods, fishings, annexes, connexes, outsets, insets, tofts, crofts, tenants, tenantries, services of free tenants, mosses, muirs, meadows, commonty, common pasturage, parts, pendicles and pertinents of the said barony of Dumbreck whatsoever, together with the teind sheaves and other teinds thereof, as well great as small, parsonage as vicarage of the same, all lying formerly within the parish of Allan, and now by annexation within the parish of Udny and sheriffdom of Aberdeen foresaid, and of before pertained heritably to Mr Walter Cochrane of Dumbreck, held by him of our said sovereign lord. And lastly, all and whole the town and lands of Orchardtown, with the manor place thereof, houses, biggings, yards, orchards, dovecots, alehouse, alehousecroft, parks, enclosures, tofts, crofts, outsets, insets, cottages, mosses, muirs, meadows, grazing, commonty, common pasturage, foggage, fuel, fail and divot, annexes, connexes, dependencies and whole parts, pendicles and pertinents of the same, all lying within the parish of Udny, by annexation and sheriffdom foresaid, and that as for the principal, and all and whole the town and lands of Woolaw of Esslemont, with houses, biggings and pertinents thereof, lying within the parish of Ellon and sheriffdom foresaid, and that in real warrandice of the said town and lands of Orchardtown, with the pertinents thereof above-specified, and pertained heritably of before to John Walker of Orchardtown, and which charter proceeds upon the particular resignations of the said Sir Alexander himself, and of the said deceased Sir John Forbes, Christiane and Margaret Kemp, William Gordon, James Innes, William Thores, John Lindsay and John Walker, in manner more fully specified in the said charter; whereby also our said sovereign lord ratified, approved and confirmed to the said Sir Alexander Seton, his said son and their foresaids as coming in vice and place of the said John Walker of Orchardtown, the charter of alienation made by the deceased Patrick Walker, sometime of Orchardtown, to the said John Walker, his eldest lawful son, and his heirs and assignees therein specified, dated 18 April 1639, with the precept of sasine therein contained and sasine following thereon, and other writs, rights and securities whatsoever of and concerning the said lands of Orchardtown and Woolaw of Esslemont, with the whole pertinents thereof above-specified as principal, and in real warrandice respectively, of whatsoever natures, dates, tenors or contents the same is of, in the whole heads, clauses, points, articles, provisions, obligements, circumstances and conditions thereof whatsoever, for the said Sir Alexander, his said son and their foresaids, their further security and more sure and peaceable possession thereof, and ordains the said general confirmation to be as sufficient to them as if granted before seising, and in the lifetime of the said Patrick, and as if the said charter and sasine were particularly engrossed in the said confirmation; anent all which and with all defects, faults and imperfections whatsoever that may be objected against the validity thereof, our said sovereign lord, with consent foresaid, dispensed for ever, reserving to his majesty and royal successors the feu duties, blench duties and other duties and services, if any are due and payable to them furth thereof, and contained in the ancient rights before the said confirmation. Moreover, our said sovereign lord, with consent foresaid of his highness's treasury and exchequer, for the causes above-specified, of new, and of certain knowledge and proper motive, gave, granted and conveyed to the said Sir Alexander Seton, his said son and their foresaids, in liferent and fee respectively, the whole towns, lands, baronies, mills, mill-lands, teinds, parsonage and vicarage and others particularly and generally above-specified with the pertinents, all lying, pertaining and resigned as said is, and that as principal, and in real warrandice respectively, together with all right, claim of right, property and possession, petitor or possessor, which his majesty and his royal progenitors and successors had, have or can claim in any manner of way to the said lands, baronies and others foresaid, or to the mails, duties and casualties thereof of whatsoever years or terms bygone or to come, by reason of ward, non-entry, relief, marriage, escheats, forfeitures, recognitions, reductions, disclamations, purprestures or any other manner of way, as is more fully specified in the said novodamus, all which and all action competent thereon are renounced, transferred and conveyed in their favour forever, with an agreement not to petition, and with supplement of all defects and imperfections whatsoever, as well not named as named, which are therein held as for expressed; and the said lands, baronies and others foresaid are dissolved from all other baronies and erected in a whole and free barony, called the barony of Orchardtown, and the manor place of Orchardtown appointed for ever to be the principal messuage of the said barony, and a sasine to be taken there, or upon the ground of any part of the lands next adjacent, to be sufficient for the whole, notwithstanding of their discontiguity, with the which his majesty, with consent of the said lords of treasury and exchequer, dispensed for ever; to be held the said lands, barony and others foresaid, comprehending as said is, to the said Sir Alexander Seton, his said son and their foresaids, in liferent and fee respectively, and with the conditions, provisions and declarations above-expressed, of our said sovereign lord and his royal successor superiors in fee heritage and free barony, as said is for ever, with the privileges of a barony therein particularly rehearsed, giving for the said four ploughs of Allathan, mill, mill-lands, multures, sucken, sequels and knaveship thereof, and two crofts of Cloisterseat and Houfasyd and pertinents thereof above-specified, instead and in place of the rights and services used and wont, the sum of £50 Scots money yearly for the ward, the like sum for the non-entry as much as for the relief, and £100 money foresaid for the marriage of the heir or heirs of the said Sir Alexander and William Seton, when the same shall happen to fall out and occur, and to which they were formerly taxed by a charter in favour of the said Sir Alexander, dated 24 April 1671; and for the said town and lands of Craig of Allathan, Over and Nether Ardmore, Crawhill, croft, town and lands of South Logierieve, lands of Millfield of Orchardtown, six rigs of Bearhill of Orchardtown, mill of Logierieve, alias Orchardtown, mill-lands, multures, sucken, sequels and knaveships thereof, with all their pertinents, instead and in place of the rights and services formerly used and wont, the sum of £45 money foresaid, as the proportional part of £200 Scots which is the taxed ward duty due and payable to his majesty and his foresaids yearly, during the ward and non-entry of the said barony of Ardgrain, whereof they, by annexation, were a part, with the like sum for the relief and the sum of £90 money foresaid for the marriage of the heir or heirs succeeding thereto, when the same shall fall out, as the proportional part of the sum of £400 money above-written, to which the said marriage is also taxed, conforming to a charter granted by his majesty, under the great seal of his ancient kingdom, in favour of the said deceased Sir John Forbes of Waterton, of the said lands and barony of Ardgrain, dated 4 August 1669; and likewise, for the said town and lands of Orchardtown, with the manor place, houses, yards, dovecots, alehouse, alehousecroft, mosses and other pertinents thereof above-specified, the sum of 2d money foresaid at the feast of Whitsunday [May/June] in name of blench ferm, if it is asked only, and likewise for the said towns and lands of Logierieve, called North Logierieve, with manor place, mosses and other pertinents thereof above-specified, and for the said lands and barony of Dumbreck, mains thereof, manor place, towns and lands of Newseat, Outseat, Thornefield, mill of Dumbreck, milltown thereof, mill-lands, multures and other pertinents of the same whatsoever above-specified, the rights and services used and wont; providing always, likewise by the said charter it is provided and declared, that how often it shall happen the said lands, barony, mill, milltown and others particularly and generally above-specified to fall in the hands of our said sovereign lord or his royal successors, by reason of ward, that notwithstanding thereof, the said Sir Alexander, his said son and their foresaids shall peaceably possess and enjoy the said lands, barony, mills and others foresaid, and that it shall be lawful to them to intromit with and uplift the mails, profits and duties thereof, and dispose thereupon during the said ward and non-entry or either of them, in all time thereafter, without any objection, obstacle or impediment to be made in the contrary by our said sovereign lord or his treasurer or their donators, paying therefore yearly to his majesty and royal successors, during the said ward or non-entry, 200 merks money foresaid at Whitsunday and Martinmas [11 November] by equal portions, and the like sum for the relief and 400 merks money foresaid for the marriage of the heir or heirs of the said Sir Alexander, and his said son and their assignees succeeding therein, when the same shall happen and not otherwise, and to which respective sums the said lands, barony and others foresaid are taxed by the said charter, and then as if the said casualties were fallen out, the whole benefit thereof conveyed in their own favour for payment of the tax duties above-specified, as they occur as said is, and his majesty's treasurers, advocates and donators prohibited and discharged from all further troubling of them in time coming, except for the tax duties above-specified, and the heirs, assignees and successors of the said Sir Alexander, and his said son, are empowered, by the said charter, to enter themselves heirs in special to their predecessors in the said lands, barony and others above-specified, by brieves furth of the chancellery, and obtain themselves retoured and infeft therein upon precepts furth thereof, without respect to their minority or nature of the holding, and as freely as if they were past their twenty-one years of age, with the which and with the inquest and judge, his majesty, with consent foresaid, by the said charter dispenses; and lastly, for the said teinds of the whole lands, barony and others contained in the said charter, the blench duties therein expressed and paying the ministers therein mentioned the proportional part of the stipend therein rehearsed, together with the precept of sasine contained in the said charter and instrument of sasine following thereupon, in the whole heads, articles, clauses, and conditions thereof. And our said sovereign lord, with consent of his estates of parliament, decrees and ordains the foresaid general confirmation and ratification to be as valid and sufficient and of as great force, strength and effect, to all intents and purposes, as if the said charter and sasine were word for word herein inserted, albeit not so done; with the which his majesty, with advice and consent foresaid of his said estates of parliament, by this act dispenses for ever. And further, our said sovereign lord, with consent of his said estates of parliament, for the causes above-specified, by this act of new gives, grants, conveys and, for his majesty and royal successors, perpetually confirms to the said Sir Alexander Seton, in liferent, and to the said William Seton, his son, and the male heirs lawfully to be procreated of his body, which failing to the other male heirs and heirs of tailzie above-specified, in the order, on the terms and with and under the conditions, provisions, reservations and restrictions above-mentioned, and their assignees, heritably and irredeemably, all and whole the foresaid barony of Orchardtown, lately erected, comprehending the particular towns, lands, barony, mills, mill-lands, mosses, teinds, parsonage and vicarage and others particularly and generally above-written, and appoints the messuage and sasine taken as aforesaid, to be held of our said sovereign lord and his royal successors as superiors in fee and heritage and free barony for ever, with the privilege of barony and others contained in the said charter, for payment yearly to his majesty and royal successors of the tax duties and other duties contained in the said charter above confirmed and ratified, and dispenses with all nullities, faults, imperfections in and other grounds of the law competent against the said Sir Alexander, his said son and their foresaids, for reducing, quarrelling and impugning of their own or authors' and predecessors' rights of the said lands, barony and others foresaid, for whatsoever cause or occasion bygone, and renounces and gives over the same in their own favour forever.