Charter of Sir James Douglas of Mordington, knight, of the lands of Over Mordington

NB By this charter, the lands of Over Mordington 'lying in the Barony of Mordington' (see line 7) were resigned into the hands of the King and were thereby dissolved from the Barony of Mordington and the Regality of Dalkeith. These lands of Over Mordington were then granted, by this charter, to Sir James Douglas to be held 'together with the right, privilege and jurisdiction of free regality, chapel and chancery', thereby erecting a new Barony and Regality of Over Mordington. This means that there are now two baronies; the old Barony of Mordington (which consisted of the lands of Nether Mordington, now called Edrington House) and the Barony of Over Mordington (with its caput at Mordington House).

In a letter to me dated 19th October 2004 the Lord Lyon wrote: 'The 1634 charter clearly did not include the barony [of Mordington]'.

[NAS C2/54/2 no. 322, dated 23.8.1634]

Charles, by the grace of god, king of Great Britain, France and Ireland and defender of the faith, To all good men of all his land, cleric and lay, greeting. Know ye that we, with advice and consent of our beloved cousins and counsellors, William earl of Morton lord Dalkeith and Aberdour, our Lord Treasurer, keeper of our accounts, and treasurer of our new augmentations in our kingdom of Scotland, and John earl of Traquair lord Linton and Caberston, our Depute in the said offices, and with advice and consent of the other lords of our Exchequer in our kingdom of Scotland, our commissioners, Have granted, conceded, disponed and by this our present charter confirmed, and by the tenor hereof give, concede, dispone and for us and our successors for ever confirm, to our lovit Sir James Douglas of Mordington, knight, and to his heirs male whomsoever, heritably, All and whole the lands and town of Over Mordington, with the manor place, houses, buildings, mill, mill lands, parts, pendicles and their sundry pertinents, lying in the barony of Mordington and regality of Dalkeith and within our sheriffdom of Berwick; all and whole the lands called Weitlandis lying in the foresaid barony, regality and sheriffdom between the lands of Mordington on the east and the lands of Foulden on the west, together with pasture and fodder for 24 animals, viz. horses, oxen, cattle and sheep, pastured in the fields and territory of Mordington; one merkland lying in the town of Mordington, with the toft and croft thereof called Rosbuttis, together with pasture and fodder for 8 animals, horses and cattle, pastured in the said fields and territory; and all and whole that piece of land lying at the east end of the town of Mordington, between the lands and bounds of Berwick on the east, the lands of Lamberton on the north and the town of Mordington on the south and east, together with pasture and fodder for 16 animals, viz. horses, oxen, cattle and sheep; Which lands, lying in runrig next the lands sometime pertaining to the laird of Butterdene, and in the barony, regality and sheriffdom foresaid, all pertain in property to the said Sir James Douglas, and are held by him immediately of our beloved cousin and counsellor, William, earl of Morton and are presently possessed by him and his tenants in his name; together with the right, privilege and jurisdiction of free regality, chapel and chancery within the bounds of the foresaid particular lands, with all the privileges, liberties and immunities belonging and pertaining to them within the foresaid bounds of the particular lands; and likewise the advocation and donation of the churches of Mordington and Longformacus and of all the other churches and chapels of the barony of Mordington lying within the foresaid sheriffdom of Berwick; Which lands and others above-written, with the pertinents, formerly pertained heritably to our said beloved cousin and counsellor, William earl of Morton, held by him immediately of us; and which he, with the express consent and assent of Robert lord Dalkeith, his eldest lawful son, and the said Robert lord Dalkeith for himself, and for all right and title which they, their heirs or assignees had or could in future claim to the above lands and others, with the pertinents, or to any part thereof, and both with unanimous consent and assent, have purely and simply resigned, at Edinburgh, per fustim et baculum, as is wont, by their lawful procurators specially constituted to this effect /their names/ and letters patent, into the hands of the said lords of our Exchequer of our said kingdom of Scotland who have our full power and commission to receive resignations, as if into our hands, immediate superior thereof of the said William earl of Morton, together with all right, title, interest and claim of right that the said William earl of Morton or Robert lord Dalkeith or either of them, their heirs or assignees had, have or in any way could in future have or claim in and to the said lands and others, with the pertinents, or any part thereof; In favour of - and for this our new infeftment [here?] by us under our great seal to - the said Sir James Douglas, his heirs male and assignees foresaid, heritably, granted and conceded in due and competent form, as authentic instruments taken thereon in the hands of Colin Hay, notary public, dated 22 August inst. at more length bear; To be held and had all and whole the foresaid town and lands of Over Mordington, with the manor place, houses, buildings, mill, mill lands, parts and pendicles thereof and their sundry pertinents; all and whole the fore said lands called Weitlandis lying and bounded as above, together with pasture and fodder for 24 animals, viz. horses, oxen, cattle and sheep, pastured in the fields and territory of Mordington; the fore said one merkland lying in the town of Mordington, with the toft and croft thereof called Rosbuttis, together with pasture and fodder for 8 animals, horses and cattle, pastured in the said fields and territory; and all and whole that piece of land lying at the east end of the town of Mordington, bounded as said is, together with the foresaid pasture and fodder for 16 animals, viz. horses, oxen, cattle and sheep; together with the right, privilege and jurisdiction of free regality, chapel and chancery within the bounds of the lands particularly above-written, with all the privileges, liberties and immunities belonging and pertaining to them within the bounds foresaid; and likewise the foresaid advocation and donation of the said churches of Mordington and Longformacus and of all the other churches and chapels of the said barony of Mordington; all lying as above; by the said Sir James Douglas, his heirs male and assignees foresaid, of us and our successors, in fee, heritage and free blench ferm for ever, by all their right ancient bounds and marches, as they lie in length and breadth, in houses, buildings, woods, plains, moors, marshes, ways, paths, waters, ponds, streams, meadows, parks and pasturages, mills, multures and their sequels, hawkings, huntings, fishings, peats, turfs, coals, coal works, rabbits, warrens, doves, doocots, smithies, barns, brewhouses and whins, woods, groves and copses, wood, timber, quarries, stone and lime, with courts and their issues, hereyeldis, bludewitis and merchetis of women, with common pasture and free entry and exit and with all other liberties, commodities, profits, easements and their rightful pertinents whatsoever, as well not named as named, as well under the earth as above the earth, far and near, pertaining to the said lands with their pertinents, or in any manner able to pertain thereto in the future, freely, quietly, fully, wholly, honourably, well and in peace, without any revocation, contradiction, impediment or obstacle; Rendering therefor annually the said Sir James Douglas, his heirs male and assignees foresaid, to us and our successors, one penny at the feast of St John Baptist in name of blench ferm, if it be asked only; In witness whereof we have ordered our great seal to be appended to this our present charter; Witnesses as in other preceding charters of like date; At Edinburgh, the twenty-third day of the month of August, AD 1634, and the tenth year of our reign.

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