DOUBLE OF THE CONTRACT Betwixt the Lord Cochran, &c. And the Town of Pasley.

AT Pasley the third day of May the year of God one thousand six hundred and fifty eight years: It is appointed, contracted, concord­ed, and finally agreed, betwixt the Parties following; They are to say; The right Noble Lord, William Lord Cochran of Pasley, and Dundonald, and William Master of Cochran his eldest Son lawful, both with one Consent and Assent on the one part: And William Greenlies and John Park Merchants, present Baillies of the Burgh of Pasley, William Love Thesaurer of the said Burgh and Counsellours thereof undersub­scribing for themselves, and taking the Burden upon them for the Community of the said Burgh of Pasley, on the other part, in Manner, Form and Effect as af­ter follows, that is to say, [...] of Pasley, with consent of the Convent of the Abbacy thereof for the Time, having of old given and granted to the Baillies, Council, Community and In­dwellers of the said Burgh of Pasley, certain Freedoms, priviledges, Liberties and Immunities, with and adjoyned to the said Burgh of Pasley, and contained in the Charter of the Erection of the samen; And the said Noble Lord, William Lord Cochran, now Lord of the Erection of Pasley, and William Mr. of Cochran his eldest Son lawful, being most careful, that not only the haill former Freedoms, Priviledges Liberties and Immunities of old, granted and con­ferred in favours of the said Burgh of Pasley be keeped and preserved whole, firm and entire to them: But also being most willing for the better thryving and Flourishing of the said Burgh, to Corroborat, Strengthen and Augment the samen in manner after-mentioned; And therefore they the said William Lord Cochran, and William Master of Cochran his eldest Son lawful, for di­verse and sundry Respects good Causes and Considerations moving them here­unto, and for certain Sums of Money payed, and delivered to them by the saids present Baillies and Council of the said Burgh of Pasley, and their said Thesaurer wherewith the said William Lord Cochran, and William Master of Cochran his Son grants them satisfied, discharging them thereof for ever; Have renounced, dimitted and over-given, and hereby renounce, dimit and overgive frae them, the said William Lord Cochran, and William Master of Cochran his Son, their Heirs Successors and Assigneys, all Right of the Superiority of the said Burgh of Pasley within the Bounds thereof after-ment­tioned, [Page 2] to the effect and intent the foresaid Burgh of Pasley, Freedoms, Li­berties and Priviledges of the samen, in all time coming may be holden of his Highness, the Lord Protector of the Common-wealth of England, Scotland and Ireland,, and Dominions thereunto belonging, and his Highness Succes­sors Superiors thereof; Likeas the said William Lord Cochran, and Willi­liam Master of Cochran his Son lawful, both with one Consent and Assent as said is, be the Tenor hereof, Renounce, Quite-claim, Discharge, Dispone & Over­give frae them and their foresaids, to and in favours of the saids Baillies, Council, Community, Thesaurer and Inhabitants of the said Burgh of Pasley, and their Successors, all Right of Property and Magistracy of the said Burgh of Pasley, and Election of the Baillies, Council, Clerk, Burgesses, Offi­cers and other Members thereof, in all time coming, and of the Tenements, Lands and others, within the same Burgh and Lands of Seedhill annexed thereto, within the Bounds after-mentioned, and Territory of the sa­men (except the Millns called the Seedhill Millns, Corn, Kilns there­of, Milln-Hills, or Shilling-Hills of the samen, and Thirled and Astricted Moultures of the said Burgh of Pasley, and Knaveship thereof according to use and wont, and of the Lands after-mentioned within the Territory there­of, to the effect they the saids Baillies, Council and Community of the said Burgh, and their Successors, may bruik, enjoy and possess the samen, conform to their respective Titles thereof, and may be in Capacity and pow­er to Elect, Choise, Change and continue their own Magistrats, Baillies, Coun­cil, Thesaurer, Clerk, Burgesses, Officers and all other Members necessary and usual within the said Burgh, as they shall think convenient: And in like manner they the said William Lord Cochran, and William Master of Cochran his Son, both with ane Consent and Assent as said is, for them and their foresaids, hereby sell, dispone, renounce, assign and overgive frae them and their foresaids, to and in favours of the saids Baillies, Council, Thesaurer & Community of the said Burgh of Pasley, and their Successors for the publick use of the said Burgh, all and sundry the Feu-duties of old addebted, oblisht and usual to be payed to the Abbot and Convent of the said sometime Ab­bacie of Pasley, and sensyne to the Lords of the Erection of Pasley, and their Factors and Chamberlains furth of and for the said Burgh of Pasley, Houses, Biggings, Yards, Tenements, Aikers, Teinds and parcels of Land thereof westward frae the east-end of the Bridge of Pasley, and Mustard yard dyke, including and comprehending the Lands of Calsisyde, Orchard, Bladoyard, Snaddon, Huthead, Hillhead, Welmeadow, Broomlands and others within the Bounds, Territory and Limits of the said Burgh of Pasley, Property and Commontie of the samen (excluding the Feu-duties of the Lands called Oxshaw-wood and Wardmeadow, whilk are no ways comprehended in this present Disposition and Assignation above-written: To the Effect and In­tent, that the saids Baillies, Council, Thesaurer and Community of the said Burgh and their Successors, may hereby have full Right and power as by the Tenor hereof, the said William Lord Cochran, and William Master of Cochran his Son for them and their foresaids, now Give, Grant and Commit to them the saids Baillies, Council, Thesaurer and Community of the said Burgh, and their Successors, their full Right and power to collect, gather, uplift and receive, all and sundry the saids Feu-duties of the said Burgh of Pasley, Houses, Biggings, Yards, Tenements, Aikers, Roods and parcels of Lands thereof, within the Bounds above-mentioned, Including and Comprehend­ing as is above included and comprehended, and excepting and secluding, as is a­bove [Page 3] excepted and secluded of the Cropt & year of God one thousand six hun­dred fifty eight years instant; Both Whitsunday and Martinmas Terms of the same, and yearly and termly in all time coming. And to imploy and be­stow the samen to the publick and common use and good of the said Burgh, Emolument and Profit thereof, and giff need beis to call, follow and pursue therefore, Decreets, Sentences, Precepts and Executorials thereupon, to ob­tain, raise, use and cause put to Execution, and to give Discharges thereof, and to do every other thing needful thereanent, as the said William Lord Cochran or either of them, or their foresaids might have done, giff they had not made thir presents: And moreover the said William Lord Cochran, and William Master of Cochran his Son, both with one Consent and Assent, for them and their foresaids, Hereby ratifie and approve to them, the saids Baillies, Thesaurer, Council and Community of the said Burgh of Pasley, and their Successors for ever, their former and accustomed Priviledges and Liberties of that part of the Moss of Pasley, which is bounded betwixt the Marches of Ferguslie and Merksworth, conform to their former Right and Title thereof and Possession used and wont; And by thir presents, they the said William Lord Coch­ran, and William Master of Cochran his Son, both with one Consent and As­sent for them and their foresaids, Renounce, Dispone and overgive frae them and their foresaids, in favours of the saids Baillies, Thesaurer, Council and Community of the said Burgh of Pasley, and their Successors, all Right, Title, and Interest, whilk they the saids William Lord Cochran, William Master of Cochran his Son, or either of them, or their foresaids, had, have, or can pretend to that part foresaid, of the said Moss of Pasley, betwixt the said Matches of Ferguslie and Merksworth, made or to be made, to the effect that the saids Bail­lies, Thesaurer, Council and Community, and their Successors may bruik, enjoy, and possess the samen in all time-coming, conform to their said Rights thereof Title and Possession used and wont; And of the whilk Right of Superiority above-written of the said Burgh of Pasley, within the Bounds above specified, including and comprehending, as is above included and comprehended, and excepting and secluding as is above-excepted and secluded; The said Willi­am Lord Cochran, and WIlliam Master of Cochran his Son, bind and oblige them and their foresaids, to formally and legally divest themselves in the Hands of His said Highness the Lord Protector of the Common-Wealth of England, Scotland and Ireland, and Dominions thereunto belonging, and his Successors, or their Commissioners of Exchequer in this Nation, ad perpetuam remanentiam, to the effect the said Superiority may con­form to the Laws and Statutes of this Nation, be consolidat in the per­son and favours of His said Higness, and his Successors for ever. And sick­like, the said William Lord Cochran, and William Master of Cochran his Son, hereby bind and oblige them, and ilk one of them, conjunctly and se­verally, and their foresaids, by all legal and lawful means, to divest and de­nude themselves, and their foresaids of the said Property of the said Burgh of Pasley, and Magistracy thereof, and Election of the saids Baillies, Clerk, Bur­gesses, Officers, and all other Members thereof, and of all Right that they or their foresaids can or may in time-coming claim or pretend thereto, and to the Tenements, Lands and others foresaids, within the said Burgh, including and comprehending as is above included and comprehended, and excepting and secluding as is above excepted and secluded, to the effect and intent above­specified, and to the saids Feu-duties of old addedbted and due to the said Abbot [Page 4] and Convent of the said sometime Abbacey of Pasley, and sensyne to the saids Lords of Erection of Pasley, and payable to them furth of the said Burgh of Pasley, Houses, Biggins, Yards, Tenements, Aikers, and parcels of Lands thereof within the Territory of the samine, and Bounds above-mentioned, including and comprehending as is above included and comprehended, and excepting and secluding as is above excepted and secluded, to the effect and in­tent above exprimed, and of all Right Title or Interest foresaid, whilk the said William Lord Cochran, William Master of Cochran his Son, and their foresaids had, have, or can pretend to that part foresaid of the Moss of Pasley, bewixt the Marches foresaid of Fergusly & Merksworth, made or to be made, in manner above-specified, to the effect and intent above contained, by resignation of the samine in the hands of his said Higness the Lord protector of the Common-wealth of England, Scotland & Ireland, & Dominions thereunto belonging, or his high­ness Successors, Superiors thereof, or their said Commissioners of Exchequer, in fa­vours of the said Baillies, Council, & Community of the said Burgh of Pasley and their Successors, and for new Infeftment to be made, given and granted to them thereof, to be holden by them, from the said William Lord Cochran, Wil­liam Master of Cochran his Son, and their foresaids, Of the said Lord Pro­tector, and his Highness Successors, in all time coming, in free Blench, for payment of an Scots penny yearly at the feast of Whitsunday, at the Mercat-Cross of the said Burgh, in name of Blench Ferm, giff it beis asked, allener­ly, and sicklike, for payment yearly to his said Highness, and his Successours of the Sum of Seven pounds good and usual Scots Money, as an proporti­onal part of the Blench-duty of the said erected Lordship of Pasley, for the said William Lord Cochran, his said Son, and their foresaids, their Relief of the said Blench-duty of the said Erected Lordship of Pasley, pro tante, Or by payment thereof, to the said William Lord Cochran, William Master of Cochran his Son, and their foresaids, to be imployed, and applyed by them, for their own Relief of the samen, at the Option of the saids Baillies and Coun­cil of Pasley, and their Thesaurer and Successors. And with special Clause of Warrandice, of the Infeftment foresaid. Likeas now, as give the samen Infeftment were made and perfected, and then as now. The said William Lord Cochran, and William Master of Cochran his Son, hereby bind and ob­lige them, conjunctly and severally, and their foresaids, to Warrand, Acquite, and defend to the saids Baillies and Council, and Community of the Burgh of Pasley, and their Successors and Thesaurer, the Premisses above dispon­ed, Assigned and Ratified to them, als freely and quietly, in, and be all things, as is above-mentioned, from them the said William Lord Cochran, and William Master of Cochran his Son, and their foresaids, their own proper Facts and Deeds allenarly. That is to say, that they, nor any of them, nor their foresaids have not done, nor shall not do any Fact or Deed, in hurt and prejudice of the Premisses, in any sort. And moreover the said Willi­liam Lord Cochran, and William Master of Cochran his Son, hereby also bind and oblige them, and ilk ane of them, and their foresaids, that they or any of them in the purchase of their new Signature and Infeftment of the said erected Lordship of Pasley, shall either cause to be Excepted, Re­served and expunged the haill Priviledges, Liberties and Feu-duties, and o­thers above-disponed above assigned, and above-ratified by them to the saids Baillies, Council, and Community of the said Burgh of Pasley, and their Successors, give they the said Baillies, and Council of Pasley, and their Suc­cessors, [Page 5] shall find the same Conducing, for their Security: Or other­wayes, the Inserting, and not excepting, reserving and expunging thereof furth of the said Signature and Infeftment, shall no wayes derogat any thing from this abovewritten Security, nor extenaut, nor weaken the same, but to the contrair, shall be in Fortification and Corroboration hereof. And shall be an Supervenient Right to them, The saids Baillies, Council and Community of the said Burgh of Pasley, and their Successors, for that effect. And the said Wil­liam Lord Cochran, his said Son, and their foresaids, are, and shall be fur­ther bound and oblidged hereby, for the further Strengthening and Securing of the Premisses to the saids Baillies, Council and community of the said Burgh of Pasley, and their Successours, in all time coming, That the saids William Lord Cochran his Son, nor their foresaids, shall not purchase, in hurt or prejudice of this abovewritten Security, Any new Gifts or Donation of the Pre­misses Above-assigned, Disponed and Ratified. But to the contrair, shall not only abstain therefrae, Or giff any such Gift or Donation shall be so pur­chased by them, or to their behoof, The same shall Acresce, and be also Supervenient to the saids Baillies, Council and Community of the said Burgh of Pasley, and their Successors? & shal be Transferred in their favours, in so far as may secure the Premisses to them. And it is provided, and declared hereby, That this present abovewritten Security of the Feu-duties foresaids, made and granted by the saids William Lord Cochran, and his said Son, to the saids Baillies, Council and Community of the said Burgh of Pasley, and the Successors, shall be upon, and with special Condition, That notwithstanding of the Pre­misses, the samen Feu-duties shall be Redeemable, to his Highness, the Lord Protector, superiour foresaid, and his Successors, or to the Heretors of the saids Lands, Tenements and others foresaids, out of which the samen are pay­able, conform to the Act of Parliament, Laws and Constitutions of this Na­tion. And yet thereby the said yearly Duty of seven pounds money foresaid, shall no ways be impaired nor diminished: And for the making and perfecting to the saids Baillies, & Council and Community of the said Burgh of Pasley, and their Successors, of the said Infeftment & Resignation abovementioned the saids William Lord Cochran, and William Maister of Cochran his Son, both with one consent and assent, have made constitute and ordained, and by the tenor here­of Make, Constitute and Ordain their Lovits and ilk ane of them conjunctly and severally, there very lawful, undoubted and irrevocable Procurators, Actors, Factors, and special Errand-bearers, to the effect After-specified, Givand, Grantand and Committand to them, and like­ane of them, as said is, Their very full, free and plain power general and spe­cial, express bidding, mandament and Charge. To compear before his said Highness, the Lord Protector of the Common-wealth of England, Scotland and Ireland, and Dominions thereunto belonging, and his Highness Successors, Superiors foresaids, or before his Highness Commissioners of Exchequer of this Nation: And there, for, and in Name of the saids, William Lord Cochran, and William Master of Cochran his Son, and upon their behalfe, to Renunce, Resigne, freely quite clame, Discharge, Surrender over and up­give purely and simply be Staff and Baston, as use is. As they now by the tenor hereof, Renunce, Resign, Freely Quite Claime Discharge, Surrender over and up-give frae them, and their foresaids, the foresaid Superiority, or Right of superiority abovewritten, of the said Burgh of Pasley, within the bounds above-specified, Including, and Comprehending, as is above Includ­ed [Page 6] and Comprehended. And Excluding, as is above Excluded, with all Right, Title, and Interest, whilk they, or their foresaids had, have, or can pretend thereto, in the hands of his said Highness, or his Successors, Su­periors foresaid, or their Commissioners foresaids, in their Names, ad per­petuam remanentiam, in manner after-specified, and to the effect above-men­tioned: And also, for them, the said William Lord Cochran, and William Master of Cochran his Son, and in their Names, and upon their behalfs, to Renunce, Resign, freely Quite-clame, Discharge, Surrender, Over and Up­give, frae them, and their foresaids, purely and simply, by Staff and Bastoun, as use is, as they now hereby Renounce, Resign, freely Quite-clame, Dis­charge, Surrender, Over and Up-give from them and their foresaids, in the hands of the said Superior, or Commissioners of Exchequer foresaid, the said Property of the said Burgh of Pasley, and Magistracy thereof, and Election of the saids Baillies, Council, Clerk, Burgesses, Officers, and other Members thereof, and of the saids Tenements, Lands, and others within the samen Burgh, and Lands of Seedhill foresaid, annexed there­to, within the Bounds above and after-mentioned, and Territory of the same, except the saids Milns, called the Seedhill Milns, Corn Kilns thereof, Miln­hills, or Shilling Hills of the samen, and Thirled and Astricted Multures of the said Burgh of Pasley, and Knaveships thereof foresaid, according to Use and Wont. And of the Lands above and after-mentioned within the Terri­torie thereof, to the Effect and Intent above-specified, and all and sundry the saids Feu-duties above-mentioned, of old addebted and due to the said Abbot, and Convent of the said sometime Abbacy of Pasley, & sensyne to the saids Lords of the Erection of Pasley, forth of the saids Houses, Biggings, Yards, Tenements of the Burgh of Pasley, Aikers, Rudes, and parcels of Land thereof Westward, frae the said East-end of the said Bridge of Pasley and Mustard-yard-dyke, inclu­ding and comprehending the saids Lands of Calsisyde, Orchard, Bladoyard, Snaddoun, Hut-head, Hill-head, Well-meadow, Broom-lands, and others within the bounds above-written, and limits of the said Burgh of Pasley Property and Commonty of the samine, (excluding the Feu-duties of the said Lands of Ox­shaw-wood and Ward-meadow, which are no ways comprehended within this present Resignation) to the effect and intent above exprimed. And sick­like, all Right, Title, and Interest foresaid, whilk the said William Lord Coch­ran, and William Master of Cochran his Son, or any of them, or their foresaids had, have, or can pretend to that part foresaid, of the said Moss of Pasley, betwixt the said Marches of Fergusly and Merksworth, made or to be made, to the effect above-contained; and that the saids Baillies, Council and Commu­nity of the said Burgh, and their Successors, may brook, enjoy, and possess the samine in all time coming, comform to their said Right thereof, Title and Pos­session used and wont, in the special favours of the saids Baillies, Council and Community of the said Burgh of Pasley and their Successors, and for new In­feftment to be given to them thereof, to be holden in manner above mentio­ned, and thereupon Instruments and Documents to take, ask, lift and raise; and generally all and sundry other things, to do, use and exerce in the pre­misses that to the Office of Procuratory, in such cases of the Law, and consue­tude of this Nation is known to appertain, or that the said William Lord Coch­ran, and William Master of Cochran his Son, or any of them might do them­selves if they were personally present, firm and stable, holding and for to hold all and whatsomever other things by their saids Procurators, or any of them, in the premisses, in their Names, righteously appertains to be done, and thereat obliges them to abide, without Appellation or Reclamation. FOR THE [Page 7] WHILKS CAUSES, the saids Baillies and Council of the said Burgh of Pasley, and their said Thesaurer for themselves, and in name of the Community of the said Burgh, hereby bind and oblidge them and their Successors, Baillies, Council and Community and Thesaurer of the said Burgh, either in manner foresaid to make Payment yearly to his said Highness the Lord Protector of the Common-wealth foresaid, and his Successors, and Commissioners of Exche­quer, of the said Sum of seven Pounds Money of Scotland yearly, as a pro­portional part of the said Blench Duty of the foresaid erected Lordship of Pa­sley, for the said William Lord Cochrane, his said Son and their foresaids their re­lief of the said Blench Duty of the said erected Lordship of Pasley pro tanto; and for that effect to procure and deliver to them yearly Accquittances & Discharges thereof, beginning the first years relief thereof for this Instant year of God one thousand six hundred & fifty eight years, & sua forth in all time coming, or else to make Payment to the said William Lord Cochrane his said Son and his foresaids, of the said yearly Duty of Seven Pounds Money foresaid, to be imployed or applyed by them for their own relief of the samine, beginning the first years payment as is above written, & that at the option of the saids Baillies, Council, Thesaurer, and Community of the said Burgh, and their Successors; and sua forth to continue in all time coming as they shall choise, in manner foresaid yearly. And because the said William Lord Cochrane, and William Master of Cochran his Son, have in manner as is above-mentioned, conferred on the said Burgh of Pasley divers Favours, Courtesies and Respects, therefore the saids Baillies, Thesaurer, and Council of the said Burgh of Pasley, hereby binds and oblidges them and their Successors in Office, that not only they and their saids Successors shall themselves in all time coming endeavour to live peaceably, and to give to the said William Lord Cochrane, and William Master of Cochran his Son, and to their Families and Successors at all occasions, all due Honour, Respect and Observance becoming them, and to do their best en­deavours to counsel the Inhabitants of the said Burgh of Pasley to do in like man­ner the samine, but also that they the Magistrats of the said Burgh shall yearly in all time coming, immediatly after their Election go to the Place of Pasley, if the said William Lord Cochran, William Master of Cochran his Son, or their Successors and their Families be there abiding, or residing for the time, or how soon thereafter they shal come there to abide; and there shal solemnly declare and demonstrate to them the said William Lord Cochran, his said Son, and there Successors foresaids, their humble acknowledgment of the favours, Courtesies and Respects foresaids, conferred by them on the said Burgh of Pasley, and give unto them the saids William Lord Cochran, his said Son, and their foresaids therefore, all Honour, Observance and Respect due to them, with all condign Reverence. And it is provided and declared hereby, that this present Security above-written, and Warrandice therein contained, shall not be extended to the propriety of that Tenement within the said Burgh of Pasley disponed by the said William Lord Cochran to John Snodgrass Burgess there which formerly pertained to Andrew Sempill of Bruntfields, nor to the Propriety of the Land without the West Port of Pasley, which sometime pertained to Umquhile John Stwart called of Bridgend, or Margaret Cochrane his Spouse, nor to the Propriety of that piece of Land extending to an half Rude of Land, or thereby, near the Gates-law, called Cocksmailling; But that the Propriety of the said Particulars shall be excepted forth of the Secu­rity and Warrandice foresaid; and the exception of the Propriety thereof [Page 8] foresaid, shal no ways prejudge the saids Baillies, Council, and Community of the said Burgh, and their Successors, and their Thesaurer, of the Feu-du­ties of the Premisses sua above excepted; but the Feu-duties thereof accustom­ed shall hereby belong to the saids Baillies, Council and Community, and their Successors and Thesaurers in all time comming, and the same shall be holden of the saids Baillies and Council, and their Successors, as the rest of the Tenements and Lands within the said Burgh respectively, are and shall be holden for ever. And for the mair security, both the saids Parties are content and consents that thir presents be Insert and Registrat in the Court Books of Justice, or court Books of any other Judicatory in this Nation, there to remain for the future memory of the Premisses, and to have the strength of a Decreet of the Judges thereof, and their Authorities to be interponed there­to, that Letters of Horning on six days Charge, Poynding and others may pass hereupon as effeirs. And hereunto they constitute their Lovits.

And ilk one of them conjunctly and severally their Procurators, in most ample form of Procuratory. In Witness whereof thir presents are Written by Robert A­lexander of Black-house, Writer in Pasley, whereof the other double is Writ­ten by Mr. Robert Wallace his Servant. Both the saids Parties have Subscribed the samine with their Hands, Day, Month, Year and Place foresaid, before thir Witnesses, Collonel Allexander and Gawin Cochrans, Brethren German to the said William Lord Cochran, James Dunlop of House-hill, James Freeland Fiar of that Ilk, Servant to the said William Lord Cochran, and the said Mr. Robert Wallace Writter, and John Mackerrell Brother to Hill-house. Sic Subscri­bitur Cochrane. W. Cochran, John Perk Baillie, John Spreul. John Kelso, John Corswell, Iohn Wallace, William Greenlees; William Adam, William Love Thesaurer, William Henderson, Iohn Wilson, Robert Parkhil, Andrew Wilson, Thomas Iuctice Robert Alexander Nottar Publick do Subscribe thir presents, for, and at command of the said William Greenlees, one of the Baillies of the said Burgh, and of Iohn Snodgrass, Patrick Baird, William and Iohn Paterson, Counsellers of the said Burgh, because they cannot Write themselves, as they assert, Witnessing my Sign and Subscription, &c. I Robert Perk Notar Publick required in the Premisses, have Subscribed the same at command above-writ­ten, these my Hand-writ and Sign testifying, &c. A. Cochran Witness, Ga: Cochran Witness, Ia. Dunlop Witness, Ia. Freland Witness, Iohn Mackerrel Wit­ness, Ro. Wallace Witness, &c.

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