Charters and Documents Relating To the City of Glasgow 1175-1649 Part 2. Originally published by Scottish Burgh Records Society, Glasgow, 1894.
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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.