LAING CHARTERS

2nd April 1547.

Instrument of Sasine in favour of Walter Wilkesoun in Rathobyris, following on a precept of sasine (dated 31st March 1547) granted by Mr Thomas Makcalzeyne, burgess of the burgh of Edinburgh, in terms of a charter of sale, to the said Walter, of the lands of Abthane, formerly and now called Rathobyris, in the barony of Kirklistoun, regality of St. Andrews and shire of Edinburgh: To be held blench of the archbishops of St. Andrews. Robert Chepman, as bailie in that part, gives sasine on 22nd April 1547. Witnesses, Mr. Robert Winrame, Stephen Lauder, James Wilkeson, John and George Wilkesoun, John Smyth, and Sir James Bishop, chaplain.Thomas Kene, of Glasgow diocese, by apostolic authority notary.

The bailie's seal (in a broken condition) is appended; a saltire engrailed alone visible.

Legend imperfect: '[Sig] illum Robert [i] Chepma [n].'

20th April 1550.

Precept of Sasine (addressed to Robert Douglas, as bailie) granted by Robert Logan of Restalrig, with consent of Dame Margaret Seytoun, his spouse, for infefting Patrick Balfour, son of John Balfour, indweller in Leith, and his heirs- male, whom failing, David Balfour, his brother-german, etc., whom failing, Mr William Balfour, etc., whom failing, Andrew Balfour, their brother-german, etc., in eight bovates or oxgates of the lands of Nethir Gogar, with mansion, houses, etc., formerly occupied by the late Robert Schankis and now by the said John Balfour, lying in the barony of Restalrig and shire of Edinburgh, in terms of a charter of feu-farm, for which see of date 22nd April 1586, infra.

Dated and signed at Restalrig, 20th April 1550.

Seals gone; the lady signs by John Brown, notary.

24th October 1573.

Charter by Sir William Lauder of Haltoun, knight, granting to his ‘servitors,’ Stephen Lauder, residing in Ratho, and Michael Lauder, his son, the two crofts occupied by the said Stephen, in the town and territory of Ratho, on the north side of the same between the croft now occupied by Alan Bordland on west, the croft occupied by Thomas Burgane on east, the ‘Mlyn-medo’ of Ratho on north, and the common way on south, with two soums of pasture upon the commonty of Ratho with the usual turf castings (‘faill et dovettis’), lying in the sheriffdom of Edinburgh: To be held for 40s. Scots of annual feu-farm, with six capons, four loads of coals, and leading peats and turfs to his place of Haltoun, as his other tenants do, with carriage and laying down on his said place, or elsewhere in the parish of Ratho, ‘twa laidis of lyme,’ where he and his heirs please, at their expense. Precept of sasine directed to Alexander Lauder. Signed and sealed at Edinburgh, 24th October 1573.

Witnesses, George Lauder, brother of granter, Thomas Harlaw, and James Harlaw, notary.

Seal attached, but wholly defaced.

4th April 1577.

Charter by Mr. William Balfour, indweller of the town of Leith, with the consent of Ewfame White his spouse, in terms of a contract with James, Earl of Morton, for himself and his natural son James Douglas, dated at Dalkeith, etc., 4th April instant, selling and disponing to the said James Douglas, and his heirs-male, whom failing, to Archibald Douglas of Pendreich, his natural brother, whom failing, to George Douglas, their natural brother, whom failing, to William Douglas, their natural brother, two oxgangs of land in Nether Gogar (see item dated 20th April 1550.). To be holden a me of Robert Logan of Restalrig as superior, in feu-farm, for a reddendo to the said Robert of £20, 13s. 4d. Scots yearly.

Signed at Edinburgh, 4th April 1577, Mr Lewis Bellenden, justice clerk. Henry Drummond of Richartoun, and others witnesses.

9th September 1579.

Letters by James Inglis, burgess of Edinburgh, narrating that whereas, in terms of a contract between them of date 28th August 1573, Florence Balfour in Nether Gogar, with consent of Margaret Houstoun, his spouse, sold and alienated to the said James Inglis and the late Margaret Leiche, his spouse, the whole of the said Florence's eight oxgangs of land in Nether Gogar, lying in the barony of Restalrig by annexation and sheriffdom of Edinburgh, and the granter then delivered to the said Florence a letter of reversion for the sum of 1000 merks Scots for the redemption of the lands, to be paid in sums of 400, 300, and 300 merks, and the granter also let the lands to Florence during the time they were unredeemed, for a yearly payment of 100 merks, and to the superior the feu-mail extending to £20, 13s. 4d. ; and by a contract, of date 31st August 1579, it is agreed that the said Florence shall accept this present reversion for 1400 merks for redemption of the lands, also a tack of the same for 140 merks yearly, in addition to the superior's dues, renouncing the former reversion: The granter therefore binds himself that when after forty days' warning at his dwelling-place, the said Florence shall pay to the granter or his heirs, in the Nether Tolbooth of Edinburgh, the sum of 400 merks, the granter will discharge the sum of 40 merks of the said yearly rent of 140 merks, and shall claim only 100 merks yearly; he also will, for a second payment of 500 merks, renounce other fifty yearly, and for a third payment of 500 merks will resign the lands.

Letters dated at Edinburgh, 9th September 1579.

Witnesses James Coldane, burgess of Edinburgh, Peter Hewat, writer there, and Neill Kar his servant. Peter Hewat, as notary, signs for the granter.

23rd April 1580.

Charter by Florence Balfour in Nether Gogar, with consent of Margaret Houston, his spouse, granting and alienating, in terms of a contract of same date, to James Richardsoun of Smeaton, in liferent, and to his son, James Richardsoun, in fee, their heirs, etc., the eight oxgang lands of Nether Gogar (see item dated 20th April 1550.) with mansion, etc., formerly occupied by the late Robert Shanks, lying in the barony of Restalrig and shire of Edinburgh: To be held to the said grantees, whom failing, to Robert Richardsoun, brother of the elder James, and his heirs, whom failing, to the heirs whomsoever of James, for one penny Scots yearly of blench-farm.

At Nether Gogar, 23rd April 1580.

Witnesses, John Houstoun, portioner of Over Lany, John Somervell, servitor of James Richardson, William Uchiltrie, weaver in Nether Gogar, and Mr. John Kene, notary, who with John Williamson, co-notary, signs for Margaret Houston.

22nd April 1586.

Charter by King James the Sixth [which does not appear to be in the register of the Great Seal] confirming a charter, dated at Restalrig, 20th April 1550, by Robert Logan of Restalrig, with consent of his wife, Margaret Seton, granting to Patrick Balfour, and the other heirs named in said writ, eight oxgangs of the lands of Nether Gogar: To be held of the granter in feu-farm for £20, 13s. 4d. Scots, being 13s. 4d. of augmentation of rental, with three suits yearly at three head pleas within the granter's town of Leith.

Witnesses to charter, James, William, and John Auchincraw, Patrick Elder, and Sir John Brown, notary public. Which charter by the late Robert Logan is confirmed to Florence Balfour, son and heir of the late Patrick Balfour.

At Edinburgh, 22nd April 1586.

27th August 1588.

Charter by Andrew Logan, Lord of the fee of the barony of Restalrig, with consent of his father, John Logan of Coitfield, confirming a charter (dated at Edinburgh, 24th May 1588) by Florence Balfour, portioner of Nether Gogar, in which the latter grants to James Richardson of Smeton in liferent, and to James, his son and his heirs-male, whom failing, to Robert Richardson, brother of James Richardson of Smetoun, eight oxgangs of the lands of Nether Gogar [ef. Charter of date 23rd April 1580], in the barony of Restalrig and shire of Edinburgh; and that in virtue of a contract, of same date as his charter, betwixt the granter and his wife, Margaret Houston, and the said James Richardson of Smetoun. The lands to be held feu-farm of the superior for £20, 13s. 4d. Scots. Which charter is confirmed in due form by the superior, at the Canongate, 27th August 1588.

Witnesses to charter of 24th May, Mr John Kene, writer in Edinburgh, Nicolas Turnbull, Thomas Moscrope and James Harvie, servitors of James Richardson of Smetoun, Robert Newlands, Robert Gairdner, and Andrew Plummar, all in Edinburgh, and John Houstoun of Lany.

Witnesses to the confirmation, Barnard Lindesay, son of Thomas Lindesay, resident in Leith, and Michael Mosman, son of the late John Mosman, formerly clerk of the sheriffdom of Edinburgh, John Robesoun and James Logane, notaries public.

1st June 1604.

Letter of Reversion by Margaret Balfour, relict of Alexander Menteith of Gogar, binding herself, on payment of £200 Scots within the parish kirk of Clakmannane, to resign in favour of David Balfour, fiar of Powhous, an annualrent of £20 Scots, due to her from his lands of Powhous, or any part thereof, in the parish of Logy and sheriffdom of Clakmannane.

Dated and signed at the Gogar, 1st June 1604.

Witnesses John Scherp in Stirling, James Ewing at the Craigend, servant of David Balfour, Andrew Cristie in Gollin, and James Drysdell in Bowhouse of Sauchy.

10th August 1643.

Transumpt made at Edinburgh, 29th February 1656, in terms of a petition to the 'Commissioners for administration of justice to the people in Scotland,' by John Broun in Gorgie milne, narrating, 'That for considerable summes of money, ther being ane take of the corne milnes of Gorgie, lands and buildings thair unto belonging, sett be the deceased James Duncan of Ratho to the deceased Johne Broun in Gorgie milne, the supplicant's father, during all the dayes of his said father's lyftyme and two nynteine yeares thairafter, true it was that the said tak, which is [dated 10th August 1643,] and is the principall evident of the supplicant's estate, was by ill keeping in his pupillaritie become so torne and tender that it could not be used, handled, and made use of in processes according as the supplicant behooved to doe thairwith, without utter defaceing and destroying of the same, as be production thairof was verified to the said Commissioners,' and craving that the tack or lease may be transumed by their clerk, and extracts made, which was ordered to be done; which tack set forth that at Edinburgh, 10th August 1643, it was agreed between James Duncan of Ratho, heritable proprietor of the lands and mill, with consent of John Hamilton, now dweller in the abbey of Holyroodhouse, and James Duncan, his curators, on one part, and John Broun, younger, in Gorgie milne, on the other part, that, as the said John Broun and his father have been 'kyndlie tennents' and possessors of the lands and mill to the granter and his father 'thir many yeares bygaine,' the said James being unwilling to remove them, leases to the said John Broun, his heirs and assignees, the two corn-mills of Gorgie, with 'kills,' houses etc., old and new, with the mill lands, multures, 'meadow and brayes lying up the dame syde till the march betuixt and Sauchtounhall on the west, the smiddielands of Sauchtounhall on the north, and the lands sumtyme occupied be Johne Colene, and perteineing to the Laird of Innerleith, on the east, and the lands perteineing to the Lord Napeir, sumtyme occupied be Robert and Johne Couttis on the south, and the burne called Gorgie burne at the burne mouth thairof on the south-west partes, and the Dammbray, with the little meadow and well butt lying betuixt the said burne mouth and the east yaird dyk of Gorgie, mearching to the rod that passes fra the place of Gorgie to the cros, on the south; and siclyk all and haill tenaikers of the said James his lands of the east side of Gorgie, that lyes and bounds to the litle rod that passes fra the place to the foord of Sauchtounhall, which rod is upon the west parte thairof, and the rod that passes fra the place to Gorgie croce on the south, and the march betuix and John Stanehope's lands, with the milne damme of Gorgie, on the north partes,' and now presently possessed by the said John Broun, in the parish of St. Cuthberts, sheriffdom of Edinburgh, and, by annexation, in the sherrifdom of Renfrew; with the parsonage and teindsheaves of the mill-lands and ten acres - the lease to endure during the said John Broun's lifetime, and thereafter for two nineteen years successively from the date of entry at Whitsunday last; and the said John Broun binds himself and his heirs to pay to the said James Duncan 400 merks Scots yearly, from Martinmas next, with twenty geese and twenty capons, to be uplifted at the, place of Ratho called Marjoribanks, or att Bonnytoun besyde Leith,' at the option of James Duncan, the geese yearly at Michaelmas, and the capons at 'Pasch,' with 20s. termly for 'damme maill,' with 'ane fed swyne,' at 'Pasch,' yearly, it being 'ane libbed galt outwith ane year old'; providing that if two terms run unpaid into the third term, the lease shall expire. The said John also binds himself to leave the mills 'in sufficient grinding graith,' and the houses 'wind-tight and water-tight.'

Witnesses to the lease, Sir Alexander Foulis of Collingtoun, knight-baronet, Thomas Wilkie, his servitor, Harry Osburne, W.S., and James Binny, his servitor.

28th December 1655.

Charter by Richard Lawder of Haltoun and Charles Maitland, fiar of Haltoun (in obedience to letters of horning), for infefting James Wilson, merchant, burgess of Edinburgh, in two crofts of land, presently possessed by Janet Scheitletoune and her cottars, on the north side of Ratho, in the parish of Ratho and shire of Edinburgh, apprised from James Wynrahame of Wistoun and Mr. James Wynrahame, his eldest son: To be held for the feu-farm and other dues accustomed to be paid. Thomas Hodge in Ratho named as bailie in precept of sasine. Dated and signed 28th December 1655.

21st March 1691.

Charter by Charles, Earl of Lauderdale, confirming the charter of Whythill in favour of John Preston and the heirs therein named: To be held for a reddendo of £12 Scots yearly, as three out of four parts of the old feu-farm of £16 Scots; and for the teinds eleven bolls of wheat and eleven bolls of barley yearly.

Dated at Haltoun, 21st March 1691.

Witnesses John Duncan, William Maitland, and John Pringle, servitors of the granter.