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Country code |
GB |
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Repository code |
234 |
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Organisation |
NAS |
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Repository |
National Records of Scotland |
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Reference |
GD86/576 |
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Title |
Contract between Johne Sterling of Harbershyre and David Forrester of Little Denoven narrating inter alia the following writs relating to the teinds of the lands of Little Denoven aftermentioned viz:- (1) contract (dated 23 and registered in the Sheriff Court Books of Sterling 25 September 1620) entered into between the late Johne, Earl of Mar, with consent of Allexander Erskyne, his son and the late Sir David Livingstoune of Donypace, knight baronet, whereby the said Earl, who had right to the kirk and chapels of Donypace and Larbour conform to his infeftment in the lands and teinds formerly pertaining to the abbey of Cambuskynnethe, now erected into a temporal lordship called the lordship of Cardros, bound and obliged himself to infeft Sir David in the superiority of the four oxengate of land called the Kirklands of Donypace and lands of St. Allexander's chapel, lying in the parish of Donypace and sheriffdom of Sterling, with the parsonage and vicarage teinds pertaining to the said two chapels then united together, and the teinds of the lands of Quarrell, Kynnaird, Stannouris, Skaythmure, Insches, Woodsyde, Scheillis, Brumage, Larbore, Torwoodheid, Donypace, Kirklandis, Gunnerschaw and Little and Meikle Denoven, lying in the two parishes of Donypace and Larbour; (2) bond (dated 9 June 1627 and registered in the Books of Council and Session 7 July 1630) by Sir David Livingstoune in favour of Robert Livingstoune, merchant, burgess of Edinburgh, for 3400 merks Scots, which Sir David as principal, and Allexander Somervell of Plaine and the late Mr. Allexander Livingstoune of Eister Greinzairdis his cautioners, bound themselves to repay, and also to pay the annualrent of £117 Scots in which he bound and obliged himself to infeft Livingstoune; (3) obligation (dated 1st August 1629 and registered as above) by Sir David and Johne Livingstoune, his son, in favour of the said Robert Livingstoune for the sum of £1800; (4) assignation (dated 9 July 1630) by the said Robert Levingstoune, constituting Adame Livingstoune, brother-german of Mr. Allexander Livingstoune, advocate, his cessioner and assignee in and to the obligations 2 and 3 and (5) decreet and process of apprising led at the instance of the said Adame Livingstoune in a court of apprising held within the tolbooth of Edinburgh, on 6 August 1630, whereby there was apprised from Sir David Livingstoune and his son the ground right and property of the lands and baronies of Inglismaldie and Donypace with the tower, fortalice, manor-place etc. of the latter, the lands of Offeiris, Heidhauche, Boigtoune-hauche, Coldenes, Seybegis, Castilcarie, Kirklandis, St. Allexanderis Chappell, Bankend and Little Denoven, the teinds of the two chapels of Donypace and Larbore and one-third part of the teinds of St. Ninian's Kirk, all lying in the Sheriffdom of Sterling, for the principal sums and expenses contained in the two bonds Nos. 2 and 3 supra. Further, narrating that the apprising was approved by the lords of Council and Session on 3 August 1630 and that the said Adame Livingstoune was infeft in the said lands and teinds; that the said teinds were by a prior apprising apprised from Sir David Livingstoune and his son by the late Mr. Allexander Livingstoune, advocate, who was infeft therein and thereafter disponed his infeftment to Sir Johne Carnagie of Ethie, knight; that the said Adame Livingstoune, with consent of the said Robert Livingstoune, Helene Malloche, his spouse, the said Sir Johne Carnagie and Allexander Stratoune of Lawristoune, for their interest, by their letters of translation and disposition (dated [ ] 1634) transferred the writs Nos. 2 to 5 supra to Sir Robert Spotiswood of Donypace, knight; that by contract (dated 28 March 1635 and registered in the Books of Council and Session 19 December 1642) entered into between Sir Robert, with consent of the said Adame Livingstoune, of the first part, the said Johne Sterling of Harbershyre, of the second part, and Mr. Allexander Norie, minister at Donypace, of the third part, Sir Robert, with consent of the third party and others, in consideration of the sum of 5130 merks Scots paid to the said Robert Livingstoune and spouse by the second party (1) bound and obliged himself to infeft the second party in the teinds of the lands of Little Denoven, comprehending the orchard or mains thereof, the lands called Scrybtriebak, Doghillok and Burnes de, the town and lands of Inglishtoune, Westerburnesyde and Muredykis and the lands of Mossyde and Thornes, now held by the said David Forrester of the said Johne Sterling and (2) assigned to him the writs Nos. 2 to 5 supra, and the sum of 5130 merks, part of the sums contained in said apprising and bonds, so that he might burden the said teinds to that extent, the said Johne Sterling binding himself to pay to the said Mr. Allexander Norie, during his service of the cure of the kirk of Donypace, and to his successors, 10 bolls meal, which he has accepted in full of his stipend payable from the said lands of Little Denoven; and that in terms of Contract No. GD86/540 and for payment by Forrester of the sum of £458:10: 8 therein mentioned, the said Johne Sterling (1) bound and obliged himself to infeft him in the teind sheaves of the above lands of Little Denoven (2) assigned to him the contract of 28 March 1635 and (3) constituted him his assignee in and to the sum of £458:10: 8 of the above sum of 5130 merks Scots. At Sterling 28 August 1643 |
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Dates |
28 Aug 1643 |
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Access status |
Open |
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Description |
Witnesses, Mr. Allexander Norie, minister at Lairbert, Mr. Allexander Callender, minister at Dennye, David Zoung, notary, there, and John David, servitor to the said Mr. Allexander Norie. Writer of the contract, William Barclay, son of Allexander Barclay, writer, Sterling.
Signed by the principal parties and three witnesses. |
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