XCIX. Contract between Sir Walter Stewart of Mynto, with consent of
his spouse, and the Provost, Bailies, Dean of Guild, Treasurer,
Deacon, Convener, Councillors, Deacons of Crafts, and Community of Glasgow, whereby he disponed to them the Subdean Milns, with the multures and others therein mentioned.
Glasgow, 13 and 14 September 1619.
At Glasgow, the threttein and fourtene dayis of September respectiue
the yeir of God jm vjc and nyntein yeiris, it is apointit agreit and finallie
concordit betuix the honorabill pairteis wnderwrittin, to wit, Sir Waltir
Stewart of Mynto, knycht, with speciall consent and assent of Dame
Christiane Craufurd his spous, for all rycht of terse, conjunct fie, lyfrent, or
vtherwayis quhatsumeuir scho hes or may pretend to the mylnes, few
dewteis and vtheris underspecifeit, on the ane pairt, and James Stewart,
proveist, Gabriell Conynghame, James Braidwoode, Maister William,
Stewart, balleis of the burgh and citie of Glasgow, James Hammiltoun,
James Inglis, Colin Campbell, deane of gild, Johne Conynghame, thesaurer, Patrik Maxuell, dekin convener, Mathow Trumble, William Weymes,
Johne Rowat, Allane Conynghame, John Diksoun, John Gilmour, Robert
Flemyng, James Stewart, Waltir Stirling, Robert Rowat, Thomas Morsoun, Ninian Andirsoun, Gabriell Smyth, Alexander Cauldwell, Dauid
Scherar, Williame Howie, William Neilsoun, elder, John Padie, James
Lychtbodie and Andro Mylne, ordinar counsellouris of the said burgh,
John Stewart, dekin of masounes, James Allansoun, dekin of wrichtis,
Thomas Gray, dekin of tailyouris, Thomas Richie, dekin of cordineris,
John Hall, dekin of chyrurgianes, William Neilsoun, younger, visitour of
maltmen, Mitchell Spens, dekin of bonnetmakeris, Mathow Glen, dekin of
baxteris, Archibald Patersoun, dekin of wobsteris, and William Watsoun,
dekin of fleschouris, for thame selfis, and in name and behalf and taking
the burding vpone thame for the communitie of the said burgh on the
vther pairt, in maner, forme, and effect as eftir followis, that is to say, the
said Sir Waltir Stewart, with consent foirsaid of his said spous, hes sauld
and disponit, and be the tennour heirof sellis and disponis to the saidis
proveist, balleis, deane of gild, thesaurer, counsell, dekinis of craft, communitie of the said burgh and citie of Glasgow present, and to thair
successouris in office perpetuallie in all tym cuming, but ony reversioun,
redemptioun, or regres quhatsumeuir, All and Haill the said Sir Waltir
his twa corne mylnes and man mylne callit the Subdeanes mylnes, adjacent to the said burgh of Glasgow, and lytill kill perteining thairto, with
the thirle, multir, suckin, and sequeles thairof, and killis of the samyn
alreddie biggit, and with the multir, suckin, and sequeles of the
landis of Eistir and Westir Craigis vsit and wont, dammes and watter
drauchtis perteining to the saidis mylnes, passagis thairof to and fra the
samyn vsit and wont, and all vther priveledgis or pertinentis perteining
or belanging thairto, and with speciall privieledge, libertie, and friedome of
the carting and winning of stanes, fewall, faill and divote, for beiting
and wphalding of the saidis mylnes, dames, wattir drauchtis, gangis and
passages thairof; and with priueledge, libertie, and friedome of wynning
of stanes for wphalding of the saidis killis and bigging of the said lytill
kill mair nor the samyn was of befor and wphalding thairof; togiddir
with the superioritie and thirlage of all and sindrie twentie thrie killis
alreddie biggit and yairdis adjacent thairto, lyand and situat neir to the
saidis mylnis thirlit and astrictit thairto, and with the haill few dewteis
adebtit and astrictit furthe of thee saidis killis and yairdis to the said Sir
Waltir and his airis; extending the said few dewtie yeirlie to the sowme
of (blank) money of this realme of Scotland. And for the bettir securitie,
the said Sir Waltir, with advyse and consent foirsaid of his said spous, be
the tennour heirof, bindis and obleissis him, his airis and assignayis, with
all possibill diligence, eftir the dait heirof, to dewlie and sufficientlie infeft
and seis the saidis proveist, balleis, counsell and communitie of the said
burgh for thame selfis and thar successouris in office perpetuallie in all
tyme cuming, but ony redemptioun, reversioun, or regres, in all and haill
the saidis twa corne mylnes and man mylne callit the Subdeanes Mylnes
adjacent to the said burgh of Glasgow, with the said lytill kill pertening
thairto, with the thirle, multir, sucken and sequeles thairof, and killis of
the samyn alreddie biggit and to be biggit, and of the multir, sequele and
suckene of the saidis landis of Eistir and Westir Craigis vsit and wont,
dames and wattirdrauchtis pertening to the saidis mylness, watterdrauchtis,
and passagis thairof to and fra the samyn usit and wont, and all vther
priveledgis and pertinentis pertening or belanging thairto; and in the
priveledge, libertie and friedome of wynning of stanes, fewall, faill, and
divote, for beiting and wphalding of the saidis mylnes, dames, wattirdrauchtis, gangis, and passagis thairof, with priveledge, libertie, and
friedome of wynning of stanes for wphalding of the saidis killis and
bigging of the said lytill kill mair nor the samyn was of befoir and
wphalding thairof, and in the superioritie and thirlage of all and sindrie
the saidis twentie thrie killis and yairdis adjacent thairto, and in the haill
few dewteis adebtit and astrictit furthe of the saidis killis and yairdis,
extending to the quantitie abonewrittin, and that be chartour and sesing
in dew and competent forme: To Be Haldin of the said Sir Walter and his
airis in few and heretage for payment of the few dewtie wndermentionat
allanerlie in maner efter specifeit, with sufficient claussis of warrandise to be
contenit thairintill: Lyk As the said Sir Walter now as giue the saidis
infeftmentis war maid, and than as now, be the tennour heirof, bindis
and oblissis him, his airis, successouris, and assignayis quhatsumeuer, to
warrand all and sindrie the saidis mylnes, thirle, sucken, dames, wattirdrauchtis, passages, thirlage, superioritie, few dewteis, priueledgis, liberteis, friedomes, and vtheris particularlie and generallie abone mentionat,
disponit in maner abone specifeit to the saidis proveist, balleis, dekins of
craft, counsell and communitie of the said burght and citie of Glasgw,
and thair successouris in office, to be frie, saife and suir fra all wardis,
releifis, nonentreis, conjunct feis, ladyis terces, lyfrentis, anwelrentis,
escheitis, foirfaltouris, recognitionis, purprusionis, disclamationis, bastardeis, reductionis, alienationis, staitis and seasingis privat and publick, inhibitionis, interdictionis, evictionis, reversionis, redemptionis, apprysingis,
takis, assedationis lang or short, few maillis, taxationis or vtheris impositionis, cleames, peirellis, dangeris and inconveinentis quhatsumeuer, alsewill not nameit as nameit, bygane, present, and to cum, quhilkis in ony
wayis may trubill, impeid, or molest thame and thair successouris in office
in the peiceabill possessing, bruiking, and joysing of the foirsaidis mylnes,
thirle, suckin, dames, wattirdrauchtis, passagis, superioritie, thirlage,
priueledge, and libertie thairof, particularlie abonespecifiet, in the wplifting and intrometting with of the few dewteis abonespecifiet of the saidis
killis and yairdis in thair propirtie and heritage perpetuallie in all tyme
cuming: And Farder, the said Sir Walter, with consent foirsaid, be the
tennour heirof, bindis and oblissis him, his airis and assignayis, to entir
presentlie the saidis proveist, balleis, counsell, dekins of craft of the said
burght, for thameselfis and in name and behalf of the haill communitie
thairof, thair milleris, servitouris, and vtheris in thair names, in and to the
peiceabill possession of the saidis mylnis, dames, wattirdrauchtis, and
vtheris abonespecifiet, and to the intromissioun with and wplifting of the
haill maillis, fermes, profeitis, and dewteis thairof, multer and suckin,
and knaifschip dew to the samyn, togidder with the few dewteis of the
saidis killis and yairdis, and that of the terme of Witsonday last bypast,
to be thaireftir peiceabillie bruikit, joysit, vsit and disponit upon be thame,
but impediment or contradictioun; and sall warrand the entrie and
possessioun to be guid and lawfull, and thai to be frie of all actioun of
ejectioun, wrangous intrusioun, spuilyea or vtheris that may be ony
wayis movit, intentit, or persewit aganes thame thairthrow, be ony maner
of way in tyme cuming. And to the effect the proveist, balleis, counsell,
dekins of craft, and communitie of the said burght may the bettir obtein
payment of the saidis few dewteis of the saidis killis, the said Sir Walter
hes maid and constitute, and be the tennour heirof, makis and constitutis,
the saidis proveist, balleis, counsell, dekinis of craft, and communitie of the
said burght, and thair successouris in office, his cessioneris and assignayis
in and to the haill few dewteis and vtheris conditiones contenit in the
infeftmentis, seasingis, and vtheris rychtis and securiteis maid and grantit
to the fewaris and tennentis of the saidis killis, be the said Sir Walter or
ony his predicessouris, and to all vther claussis, articles, and conditionis
thairin expressit: With Full Power to thame and thair successouris in
office, be thame selfis or thair thesaurer in thair names, to wplift and
intromet with the saidis few dewteis of the said terme of Witsunday last
bypast, and yeirlie and termlie in tyme cuming, and thairupon to dispone
at thair plesour; and upon the resait thairof, to giue acquittances and
dischargis yeirlie and termlie, quhilk the said Sir Waltir willis to be als
sufficient to the resaueris as gif he haid subscryuit and delyuerit the samyn
him self, and gif neid beis to call and persew thairfoir as accordis, and
for retreiting and annulling of the saidis fewis, gif neid beis, for not payment of the saidis few dewteis; and all and sindrie vther thingis to do
als freilie as the said Sir Walter might haif done him self befor the making
of this present assignatioun, quhil he oblissis him and his airis to warrand
aganes all deidlie. Attoure the said Sir Waltir bindis and oblissis him
and his airis to freithe and releiue the saidis proveist, balleis, counsell,
dekinis of craft, and communitie of the said burght, and the successouris
in office of all few dewteis adebtit be him to his superiouris of the saidis
mylnis and vtheris abonewrittin of all yeiris and termes bypast: Lykas,
he bindis and obleisis him and his foirsaidis to releiue thame and thair
successouris in office at the handis of his saidis superiouris of the saidis
mylnis, killis, and vtheris abonespecifiet of the haill few dewteis and
vther dewteis, obleismentis, and conditionis quhatsumeuer contenit in
his predicessouris infeftmentis, rychtis, or securiteis, grantit or to be
grantit be thame of the samyn, and of all yeiris and termes to cum; and
for that effect obleissis him and his foirsaidis to mak guid and thankfull
payment yeirlie and termlie to the saidis superiouris of the sowme of
(blank) as the dewtie contenit in his originall infeftment of the saidis
killis, mylnis, and vtheris abonementionat, togidder with all vther dewteis
and conditionis dew to the saidis superiouris of the samyn; and siclyk
to warrand and releiue the saidis proveist, balleis, counsell, dekinis of
craft, and communitie of the said burght and thair successouris in office,
to all taxationis and vtheris impositionis quhatsumeuer that sall happin
to be imposit upon the saidis mylnis, dames, superiorite, few dewteis, and
vtheris abouementionat, disponit in maner foirsaid, in tyme cuming, be his
Majestie and estait of the Kingdome: And for the saidis proveist, balleis,
counsell, dekinis of craft and communitie of the said burght and thair
successouris in office bettir securitie in the premissis, the said Sir Waltir,
with consent foirsaid, bindis and oblissis him, his airis and successouris
quhatsumeuer, to mak the haill richtis, evidentis, and securiteis, auld and
new, quhilkis he hes or can acqueir of and concerning the saidis mylnis,
killis, and vtheris abonementionat, furthcumand to the saidis proveist,
balleis, counsell, dekinis of craft, and thair successouris in office quheneuer thai necessarlie sall haif to do thairanent; and gif neid beis, sall
judiciallie exhibite and produce the samyn befoir quhatsoeuer judge or
judges competent, to the end the samyn may be authentiklie transumptit,
and the authentik transumpt thairof to be delyuerit to thame to ke keipit
and vsit be thame as thair awin proper evidentis at thair plesoir: And
Finallie, the said Sir Waltir Stewart, for his pairit, be the tennour heirof
bindis and oblissis his airs and assigneyis to caus the said Dame Christiane
Craufurd, his spous, compeir judiciallie in presence of ane judge ordinar,
and thare extra presentia mariti, to giue hir consent to this present contract
and dispositioun thairin contenit and all infeftmentis and securiteis
apointed to follow thairvpon, and declair be hir bodilie ayth that scho is
nawayis coactit, vrgit, nor compellit to the making and subscryuing of the
premissis, bot that the samyn was done be hir of hir awin frie motive will
to hir particular vse, vtilitie, and profeit, and that scho sall never cum in
the contrar heirof, directlie nor indirectlie, in judgment nor outwithe, be
na maner of way in tyme cuming. For the quhilkis the saidis proveist,
balleis, counsell, thesaurer, deane of gild, and dekinis of craftis foirsaid, be
the tennour heirof, bindis and oblissis thame and thair successouris in office
to content, pay, and thankfullie delyuir to the said Sir Waltir, his airis, successouris, or assignayis, alsweil thay not being infeft as infeft, entrit as not
entrit, the sowme of nyne hundrethe merkis vsuall money of this realme of
Scotland, yeirlie, at twa termis in the yeir, Witsvnday and Mertimes in
wintir, be equall portionis, beginnand the first termes payment at the feist
and terme of Mairtimes nixtocum, and swa furthe yeirlie and termelie thaireftir at the termes abone specifiet, as for the few dewtie of the saidis mylnis,
multouris, superioritie, few dewteis, and vtheris particularlie and generallie
abone specifiet, in maner abone mentionat. And for the mair securitie, the
saidis pairteis ar content and consentis that thir presentis be insert and registrat in the buikis of counsell, and ane decreit of the lordis thairof interponit thairto, and that lettres and executoriallis of horning, poynding, and
warding, and vtheris necessaris be direct thairvpon; and horning to pas
vpon ane simple chairge of ten dayis allanerlie; and to that effect constitutis
(blank) thair procuratouris, conjunctlie and seuerallie, promittentes de rata, etc.
In Witnes of the quhilkis, thir presentis, vrittin be Adame Scot, notir and
seruitour to Johne Thomsone, toune clerk of Glasgow, baith the saidis pairteis hes subscryuit the samyn, at day, yeir, and place foirsaid, befoir thir witnessis to the subscriptioun of the said Sir Waltir, the said threttein day of
September, viz., George Huchesoun of Lambhill, Johnne Thomsoun, court
clerk of Glasgow, Robert Naper of Auchindwnanzie, Mr Thomas Huchesoun,
noter in Glasgow, and Mr James Andersoun, writer thair, inserter of the
daitt and witnessis herein; and befoir thir witnessis to the subscriptionis of
the saidis prouest, baillies, counsell, and deaconis of craft, the said fourtein
day of September, James Braidwood, younger, Wm. Yair, servitor to the
said Johnne Thomson, Mathow Ker, and Johnne Govan, officeris of the
said burght. (Sic subscribitur:) Sir W. Stewart off Mynto; Robert Napeir
of Auchindonanezie, witnes; George Huchesone, witnes to Myntois subscriptioun; Mr T. Hucheson, witnes; J. Andersoun, witnes; James Stewart,
provest; James Hammiltoune, James Ingles, James Braidwode, baillie;
Coline Campbell, Mathow Trumble, W. Wemis, Johnne Rowat, Patrik
Maxwell, J. Conyngham, James Stewart, Ninian Andersone, Andro Faullis,
maister work, Jhone Pedie, Dauid Scherar, deikin of couperis and counsellour; Wm. Watsoun, deikin of flescheouris; Mathow Glen, deiking of
the baxteris; Thomas Riche, deacon of the cordineris. We, Allane
Cunynghame, Johnne Dicksoun, Gabriell Smyth, Alexander Cauldwell,
ordinar counsallouris of the said burgh; Johnne Stewart, deacoun of the
masounes; James Allanesoun, deacoun of the wrychtis; Thomas Gray,
deacoun of the tailyeouris; John Hall, deacoun of the chirurgians;
Michell Spens, deacoun of the bonnetmakeris, and Archibald Patersoun,
deacoun of the wabsteris: with our hand at the pen led be the notaris
vnderwritten, at our command becaus we can nocht wryte. Ita est,
Joannes Thomesone, notarius publicus de mandato dictarum personarum,
scribere nescientium ut asseruere, teste manu propria. Ita est, Adamus
Scot, connotarius, de mandatis dictarum personarum scribere nescientium testante manu propria asseruit.