Subjects thereby Disposed, Providing also and Declaring that the said Trustees are and shall be Obliged to Dispose and Make over (failing heirs male or female of my body) to and in the employ of Richard Cochrane and the other Substitutes Conformably to the order of Submission above set down at their perfect age of Twenty one years com phat The whole of my said lands and Es tate in their persons They allways leaving and Beloving the said Trustees Of the Obliga tions they may have come under in Con sequence of theفسaid Trust and Discharge ing them of all their Intromissions after just Count and Reckoning to be had betwixt them Mereament And also providing that in case I shall have any heirs male or fem al of my own body Existing at my decease Then their presents are Declared to be and shall become Extinct until and Noyd as if the same had not been granted And the dote ment of my Estate as contained in the Con tract of marriage twixt me and the said Eli sabel Cairns is hereby Declared shall take place after just Count and Reckoning with

Those in whose person the Estate shall thus be
Providing Also and Declaring
That any two of the said Trustees shall be
a Quorum One said Mr. James Cochrane while
on life being always one And in case of his
decease any two of the said Trustees that
shall be Nurturing shall be a Quorum And
that the fore said Trustees shall only be liable
and accomplishable car of them for their on
intromissions but not for their Ommissions
And also that what debts are due by me to
any of the fore named Trustees according
to the fore said list Subscribed by me are here
by Declarod to be real burden upon my said
lands and Estate above Dispond And that any
Two of the fore said Trustees have hereby power
to grant real Security for the payment affecting
my said lands Declaring also that the
Factory already granted by me to the said
Mr. James Cochrane foruplifting the rents &
managing the greatest part of my Estate
dated the twenty sixth of July last shall
subsist and there by ratify and approve of
the payment with this cession That whereas
by the said Factory he is thereby Autonomable to

John Murdoch Dept.

That he is, and shall be only automatable
by the said Trustees or any two of them
(whose discharge shall be a sufficient &
operation to him providing also that
in case the said Trustee shall make over
and denude themselves of their presents in
fabours of the said Richard Cochrane and
failing of him in favours of the other sub-
stitutes in the order of Intermittion above
written. In that case the said Richard Coch-
rane and the other substitutes shall once
every year be attornable to me while in life
and after my decease to the heirs male or
female lawfully procreated of my body Re=
$EROVING$ allways to me in Liforment during
all the days of my lifetime till for said lands
of Waterside and lands of Pennyland as now
involved and lands of Templeland, Shaw and
Birnyknoe Park and Coallhengill with the
haill benefits and profits arising therefrom
For an aliment to me and my family And
also Reserving to the said Elizabeth Cairns
my response in case she shall survive, neither
Liforment right and Ammunity provided to her

by
John Murdoch Dept.

23y oursaid Contract of Marriage dated
the Eleventh day of August Seventeen lund
red and thirty three In the which lands
and others above dispond U Bind and Obliige
my heirs and Suteffors with and und
er the provisions Declarations and Reserva-
tions above written to duly and validly,
Inleft and Sease the said MR. Charles Cho-
mas Basil and MR. James Cochrane's An-
Thong Mich James M'Adam and John Ran:
kin as Trustees for said Inname and to
the behoive of the heirs Male and female and
persons above named conform to the order of
Intefusion above sett down By double An-
leftments the one thereof to be holden of me
my heirs and suteffors in free blent farm
Horthi yearly payment of a pennys scots mo-
ney upon the ground of any part of the said
lands at the feast of St Luthersaday if asked
alternarly And the other from me and my for:
said of my immediate Lawfull Superiors
thereof in sirkelyke form of holding And for
payment of sirkelyke yearly as Amy prede-
cors and Authors hold and payd or might
have holden and paid for the same And that

Either by Resignation or Confirmation,
And to that effect I bind and obligemex
my forfunds to make grant subserive and
deliver to the said Trustees in name and
to the behove forsaid All Charters Precepts
porions and other Writs needfull anient the
premises. And in regard I am not as yet
&ntred; and &nfeft in the said lands of Kirk
land Limmerlough and Roundshaw lying
as said is As like to the deceast John Cochi
rani of Waterside my father or others of my
predecesors who stood last infeft therein.
Therefore and for Expanding the said &nfeft
ment by Resignation I by this present make
Constitute and Orain

and ilk ane of you Conjointly and
feverally my very lawfull undoubtred and
irrebocable porors Actors Factors and special
Errand bearers to the effect after specified
Giving Granting and Committing to them
and ilk ane of them my full power and Com
mification for me in my name to purchase
and procure me entered and Infeft bymy-
immediate Superiors in the said lands of
Firskland Limmerlough and Roundshaw and

John Mirdoch Dept. aco.

And also to Compear before my immediate
lawfull $uperiors of the haill lands and o-
there above dispond Or their Commissioners
in their name habing their power to receite
resignations and to grant new Infeftments
thereon And there with all due Considerance and
humility as becomes fously and simply by
staff and batton as user is to resign $urinder
Upgive Overgive and Deliber Likas I by this
present instantly 2 Design $urrender up:
give Overgive and Deliber All and whole
the for said whole lands milles and pertinents
thereof above dispond Together with the Cor:
bage lands and other teinds forsoage and
bittarage of the said lands included and mal-
tures and others in manner abovementioned
All lying in manner above written In the
hands of my immediate lawfull $uperiors-
thereof or their said Commissioners An fabous
and for new Infeftments Kire of To be made
given and granted to the said Mr. Charles Cho-
mas 2s as ill and Mr James Cochrans Antho-
ny Mofir James L. Adam and John Rankin
Os Tinsless for and in Name and to the behoVe
of the heirs Male and female and persons above
named Conform to and in the order of $upersoi

John M. Murdoch Dept. 2 on -

Subsection above set forth is fitably and in a like form as attests. Providing all ways, whereas it is hereby expressly provided and declared, And shall be provided and declared in the Resignations, Charters and Intents to follow hereon, That the lands above and appurtenant are and shall be burden and affected with the payment of all my just and lawful debts, to my several Creditors Conform to and as the same are Contained in an Inventory and List thereof drawn up and subscribed by me of the date of this present, and holden as herein Replicated, by reason of which and that my said Grantees or Quorum of them above and after mentioned, have hereby full power, faculty and liberty to Grant heritable use, right, upon my said lands and Estate, for all my said debts real and personal, due by me to my real and personal Creditors, conformable to the for said list and Inventory thereof, and also to borrow money for paying off any of my said Creditors who shall be demanding up the money one by me to them, and to Grant them or personal security for the same, while it shall be as sufficient for affecting of and being

John Mirdoch Dept.

Upon the said lands as if I had granted the same before the making hereof And with full power and faculty to the said Trustees or quorum of them, if they shall find it necessary To Sell and Dispose of any part of my said lands and Estate, either privately, by and with the advice and consent of me the said John Cochrane and of the said Elizabeth Cairns my sponsor, Or publicly by a loud声 thereof without our Consent being had there to Excepting from the said Sale my said lands of Pennsylvania and Waterside as now included in prohibiting all ways how Apply the sum of the said lands sold for the payment of my debts as contained in the forced list thereof And with power to them, either to take aforesaid notions in trust, and to the behoof of said from my said creditors of the said debts to be paid by them or discharges of the said debts as they shall think fit. And with power to the said Trustees to bind me and my representative in absolute warrant to the lands to be sold by them. And in case any of the said Trustees who are now bound for any of my debts, or may afterwards become bound, or not being bound, shall pay any of my debts con-

taind

John Murdock Dept. 5

Contain in the said list of Debts, Then and in that case, they may take em a fsignation in their own name, Mereto, And the said debt is hereby Declared arreall burden upon the Subjects above dispend. Providing also that the said Trustees are and shall be obediog to Dispoie and make over (Cfading theirs male or female of my body) To and in favors of Richard Cochmane and the other Substitutes in the order of Succession above sett down at their perfect age of twenty one years completed, The whole of my said lands and Estate in their persons, They allways freeing and leaving No said Trustees, of the Obligations they may have come under in consequence of the for said Trust, And Discharging them of all their Intromissions after just Compt and Reckoning to be had betwixt them there anent. And also providing That in case I shall have any heirs male or female of my own body Existing at my decease, Then this present are Declared to be and shall become extint. Null and void as if the same had not been granted And the Settlement of my Estate as containd in the Contract of Marriage betwixt me and the said Elisabeth Cairns, is hereby Declared

Shall

Shall take place providing also and
Declaring, that any two of the said Pris-
tees, shall be a Quorum, the said Mr. James
Cochrane aside in life, being always one;
and in case of his decease any two of the said
Trustees, that shall be surviving, shall be a
Quorum. And that the for said Trustees shall
only be liable and accountable, each of them for
their own Duties and Interests, but not for their om-
missions. And also that what Debts are due by
me to any of the for said Trustees, according
to the for said list subfeud by me, are hereby
 declared to be all along burden upon my said
lands and Estate above dispond, and that any
two of the for said Trustees have hereby power
to grant real Security for the said affecting
my said lands Declaring also that the
Factory already granted by me to the said Mr.
James Cochrane, for up lifting the rents and
managing the greatest part of my Estate dat:
to the said Robert day of June last, shall
bevieth and I hereby ratify and approve me
same, with the alteration, That wherever by
the said Factory he is hereby accountable to
me for his Duties and Interests, I hereby declare that
he is, and shall be only accountable to the said
Trustees

John Murdach Deft

127

Trustees, or any two of them, whose discharge
shall be a sufficient & properation to him,
providing also that in case the said
Trustees shall make over and decouple them
selves of their properties, in fiefDOMS of the said
Richard Cochrane and his children in fefDOMS
of the other Substitutes in the order of Jurisdi-
tion above written, in that case the said Rich-
ard Cochrane and the other Substitutes ſhall
once every year be accountable to me, while in
life and after my decease to the his or male or
female lawfully procreate of my body, user,
using all ways to come in lifeful during all
the days of my life and time, my for said lands of
Waterside and lands of pennyland as now
inclosed and lands of Templeland, Shaw and his
my know park and Coalhough, with the haid
benefits and profits arising there from, for an
aliment to me and my family And also
reserving to the said Elisabeth Cairns my
Sponsor in case she shall survive me, her life,
rent right and Annuity provided to her by
our for said Contract of Marriage dated the
Seventh day of August, one hundred and
thirty three years. Acts, Instruments and
Documents one or more new offices thereupon

John Murdoch Dept.

To take ask lift and receive, and generally
every other thing now full to do in the premises
that to the Office of Prior in such Cases, of
the Law is known to pertain. Promising
to hold Affirm and Stable &c. Which Lands
and others above dispossed with this present
right and Disposition there of, Prior of Resig.
nation above written, Precept of Peasine at
for insert and Enfttments to follow hereon
By this presents With and Under the Poro:
Visions, Declarations and Observations above
written, Mind and Obadie me and my forvs
to Warrant Attquitt and Defend to be good and
lie and sufficient, to the saids in Charles
Thomas Bafil and Mr. James Cochrane Anthe
my Mlle James M. Adam and John Rankine
As Trustees for and in name and to the behoav
of the heirs male and female in the order of
Entitlement above sett down to the ends and
purposes for said Att all hands and against
all deadly as Law to be Like as Blithely for
the Causes and to the ends and purposes for
said Mlle and Constitute the said's Trustees
in name and to the behoav of the persons Sub-
stitute in the order above written My Cefesion:
era and Afgiigneys In and To the remeots

John Murdoch Dept. Anails

Maills and Dutys of the Lands and others above
dispond from and after the term of Martinmas
last byypasot and in all tyme coming And in %
to the Writts Rights and securitys old and new
of the said lands in my Christeyn in the hands
of any other person or persons whatsoemever
And thereby Surrogate and Substitu-
tute them in my full right and plate of the
premises. With power to them to fall Charge
and pursue forpayment of the said rents and
dutys Exhibition and delivery of the said Writts
Detexts for the same to recover and cause ex-
ecution Receipts and discharges to grant, and
generally every other thing needfull to do in
the premises, That I could do myself before
the granting hereof. Which Afsignation I
Oblige me and my forsoids to guarand as fol-
loves viz: The Afsignation to the Writts at
all hands and the Afsignation to the rents &
dutys from my own proper fact and deed al
tenably done or to be done in prejudice hereof
And for the more Security I am Content
and Consent this presents beinsert and
Registiate in the Books of Council and Lefpi-
on or in any other Judges books competent
that letters of horing and all other Dilli-

["Dilligene nee full on an Charge of six 2\ndays may be direct hereon in form as of\nfeirs And Constituté James M. Jorrou 2\nWriter in Ayr My prors & Attour tomy\nLobitos . . . . . . . . . . . . . . . .

Of the said lands and other Symboll's as use is
To be holden in manner above mention'd.
PRO
Sithing all ways like as it is hereby express
ly provided and declared. And shall be so provis
ed and declared in the Resignations charters &
Dispositions to follow thereon. That the lands
abideispound are and shall stand burdened and
affected with the payment of all my just and law
full debts to my several creditors. Conform to-
and as the same are contained in an Inventory
and lift thereof made up and subscribed by me
of the date of this present and holden as hereinbefore
lipeated brevity to myself. And that my said
Trustees or Inhabitants of them after mentioned have
hereby full power, faculty and liberty to grant
heritable security upon my said lands and estate
for all my said debts real and personal due by
me to my real and personal creditors conform
to the for said list and Inventory thereof. And
also to Borrow money for paying any of my said
creditors above shall be demanding up the money
due by me to them. And to grant real or personal
all security for the same, though shall be as suf-
ticient for affecting of and being aburden upon
the said lands ao if I had granted the same before
the making hereof. And with full power & faculty
to the said Trustees, or Inhabitants of them if they shall
find it necessary, to sell and dispose of any part
of my

Of my said Lands and Estate, Either privately by
and with the consent of me the said John Cochrane
and of the said Elisabeth Fairnes my response, Or
proudly by a Remy Mereof with our Consent
being had thereto Excepting from the said sale
my said lands of Pennyland and Waterside as
now induced Providing allways they
apply the point of the lands sold for payment
of my said debts as contained in the forward list
thereof. And with power to them Either totalie
Affixations in first and to the behove for said
from my said Creditors of the debts to be payed
by them, or discharges of the said debts as they
Shall think fit. And with power to the Trustees
to bind me and my representatives in absolute
Warranties for the lands to be sold by them. And
in case of any of the said Trustees who are now
bound for any of my debts, or may afterwards
become bound, shall pay any of my debts containing
in the said list of debts, then and in that case
they may take an Affixation in their own name
and the said debt is hereby Declared to be arreall
burden upon the subjects hereby dispend. Pro
Vicling also and Declaring that the said
Trustees are and shall be obliged to Dispose and
Make over, (failing theirs male or female of my body)

John Murdoch Dept. 10

To and in favours of the said Richard Cochrane and his heirs, substituted, Conform to the order of succession above set down, att their perfect age of twenty one years compleat, The whole of my said lands and estate in their persons, they allways freeing and reheiving the said trustees of the Obligations they may have consequent in consequence of the for said trust. And Discharging him of all their Intimations, after just compast and reckoning to be had betwixt them thereabout. And also providing, that in case I, shall have any heirs, male or female of my body existing at my decease, Then their presents are declared to be and shall be none Extinct, null and void as if the same had not been granted. And the Settlement of my Estate, as contained in the Contract of Marriage between me and the said Elisa, both Cairns, is hereby declared shall take place after just compast and reckoning, with those in whole persons the Estate shall then be. PROVING also and Declaring that any

Two of the said Trustees shall be a Quorum, the said Mr James Cochrane while in life being all ways one, And in case of his decease any two of the said trustees that shall be surviving shall be a Quorum, And that the for said trustees shall only be liable and accountable, Each of them for his

John Murdach Depts.

Their own Introductions but not for their omissions And also that what debts are due by me to any of the Trustees aforenamed according to the forward list subfeirend by me are hereby Declar'd to be real burden upon the said lands and Estate above disposed And that any two of the forward Trustees have hereby power to grant real Security for the same affecting my said lands Declaring also that the ffactory ad ready Granted by me to the said Mr. James Cook, canI for Unplifting his Rents and managing the greatest part of my Estate dated the twenty sixth of July last shall subsist and continue Rents and Approve the same with this Alteration That whereas by the ffactory he is thereby appointed to me for his Introductions I hereby Declar'd that he is and shall be only accountable to the said Trustees or any two of them both Discharge shall be a sufficient Reparation to him Providing also that in case the said Trustees shall make other and deme'd them sel'vers of their presents in favours of the said Richard andochrane and failing of him in favours of the other Substitutes in the order of succession above written In that case the said Richard andochrane and the other Substitutes shall once every

Year be attempted to me while in life and after
my decease to the heirs male or female lawfully
to be procreate of my body Reserving
All ways to me in lierent during all the days
of my lifetyme my forsaid lands of Waterside
and lands of Pennyland as now in possession of
lands of Templeland and and Birny know park
and Coathough with the hail benefits and pro-
fits arising therefrom for an aliment to me and
my family As also Reserving to this.

Elizabeth Cairns my Spouse in case she shall
Survive me her lierent right and annuity pro-
ided to her by our Contract of Marriage dated
the Eleventh day of August Imbrie and thirty
three years And this onno ways ye leave
me one The which to do I Commit to you
and each of you my said Baillie in that
part my full power and Commission by
this my precept of Seasine In witnesses
Whereof I have Subscribed my present
Consisting of this and the Seven preceding =
ing pages Written on two Sheets Stamp'd
paper by James Hamilton Writer in Linc
rock CHC Emnosch the nineteenth day
of October Seventeen hundred and thirty

seven

John Mirdoch Dept.

Seasine
On the for said Disposition

In favours of Charles Cochrane and others 31 October 1737

At Air the second day of November Seventeen hundred and thirty seven The Feasin following being upon Stumpt parchment presented by Robert Boyd Skinner in Kilmarnock is reg. in the ninth Book of the new Register of Feasings be. within the Sherriffdom of Air Conform to Act of Parliament Whereof the tenor follows

In the name of God Amen Be it known to all men by this present publication That upon the thirty first day of October Seven- ten hundred and thirty seven years And of his Ma-jesties Wign George the Second by the grace of God King of Great Britain France and Ireland Defen-se of the faith the Eleventh year Imprisoned of me Mottar publish and witnesses Inscribing Com-peared personally upon the ground of the hands and other a respective underwriten John Cilveme in Waterside Attorney for and in name and behaft of Mr Charles Cochrane of Ochiltree Advocate and the other persons after named As Trustees for and in name and to the behoof in Manner underwrit-ten (Aforesaid power of Attorney was fully known to me Mottar publish and witneſſes SubSCRIBING? Together with James M. gann Gardiner attwa: teroyde Macallie in that Joart by vertue of the foregoing

A procreate of his said present Marriage Whilh
Hailing to the heirs female to be procreate of his
body of any Subsequent Marriage Which all
Hailing as Trustees for and to the behove of Richard
Cochrane his stephen llodest lawfull Son of the de-
ceast William Cochrane his brother German and
the heirs male lawfully to be procreate of his body
To which failing to the behove of William Cochrane al-
so his stephen Son to the said decast William Coch-
rane his brother And the heirs male lawfully tobe
procreate of his body Whilh affailing to and in fa-
bours of the said Mr James Cochrane Advocate
his brother German and to the heirs male procreate
or to be procreate of his body Whilh all failing to
and in faubours of the other person or persons to
be bound by the said John Cochrane by a Writt-
under his hand at any time of his life; and also
at the point of death The llodest of the said heirs
Female allways succeeding without division
and Marrying a Gentleman of the sirmame of-
Cochrane Arloho and the descendants of his body
succeeding to the lands and Eftate aftermenti-
oned That always life and hear the Sirmame's
Arms of Cochrane of watersyee hositably and de-
redeemably All and Sall his Merle Land
of Netherpenny land Called Watersyee All,
and haill his big slilling and Eight penny
Land of Blackotoun, Twenty Slilling land of

Bar=

And pertinents of the said Lande solih with parts
and pertinents of the said Barony of Anchinleck,
lying within the paroch thereof Baithary and
Sherriffdome for said With the Garbage kinds and
other kinds parsonage and Mutarage of the said Lande
included With the Multiers Bannock and Eneaveships
and other Seruices of the said Lande or any part
thereof one and aftiried As also All and
haeil his
Mark Land of Stirkland with the
pertinents lying in the said parishes Baithary and
Sherriffdome for said As also All and haeil
his
Mark Land of Rounslow and Limner
liegh with the school pertinents lying within the
parish of Dalgain and sherriffdome of ayr With
and under the provisions Declarations and Res-
ervations afterention Containd in the precept
of Seasine afterinsert On the Rolish Lande.
the said John Cochrane Band and Obliged
him his hairs and suitefsors (with and under the
Provisions Declarations and Reservations un-
derwritten to duly and validly Onleft and Sease
the said Mr Charles Thomas Dafil and Mr
James Cochrans Anthony William James III Adam
and John Rankine As Truthees for in name and
to the believe of the hairs male and female and per-
sons abovenamed Conformito the Order of Saitession
above settdoun To be holden in manner thereon
ment

Thereafter, As in the said right and disposition containing the precept of Seasine after inserted, dated the nineteenth day of October instant at more length is contained, which right and disposition containing as said is John Corbone Attorney for and in name for said presented and delivered to the said James McGann Baillie in that part desiring him to put the said precept of Seasine to all due execution, with the said Baillie Attnp. Aid and Received into his hands And delivered the same to the Notary Publishing Subscribing to be by me read and published in presence and audience of the tenor hereof; present and subscribing, with his J. did accordingly And of which precept of Seasine the tenor follows: ATTORNEY to MYLO. Bites James McGann Gardner, att Waterside, and each of you conjure, and severally my Baillies in that part hereby specially constitute. It is my Will and Requirement, That intendment, thus my precept, Even if paf to the ground of the lands and others above written, And there give and deliver heritable state and seasine with actual real and corporal possession of all and haill the for said haill lands, milns and pertinents above disposed with the Garbage teinds and other teynds, foars enage and wararage of the said lands.

included

143

Indebted and Multures and others in manner above mentioned all lying in manner above written. To the said Mr Charles Thomas Basil and Mr James Cochrans Anthony Mr James Mr Adam and John Tankine as Trustees for and in name and to the behoof of the heirs Male and female above mentioned Conform to the destination and in the order of succession above set down. By delivering to them or to any one of them Or to their certain Attorney in their Names bearer hereof of Earth and stone of the ground of the said lands And an handfull of grafs or Corn for the said tynns and other symbols as use is To be helden in manner above mentioned.

Prohibing allways like as it is hereby pro- Indebted and Debted And shall be provided and debarred in the Resignations Charters and Indebted to follow hereon That the lands above disposed are and shall stand burdened and affected with the pay- ment of all my just and lawfull debts to my several Creditors Conform to and as the same are contained in an Inventory and Left thereof made up and subjece by me of the date of this presents and holden as herein repatriated Arbitratis Causa And that my said brus- tans or Quorum of them after mentioned have hewly full power of farnity and liberty to grant heritable Security upon my said Lands and Estates for all my said debts real and personall due to me real

Real and personal Creditors Conform to the for said
List and Subentary thereof And also to bor row
Money for paying off any of my said creditors who
shall be demanding up to the money due by me to them
And to grant real or personal security for the same
which shall be as sufficient for affixing of and be
ing a surety upon the said lands as I have
granted the same before the making thereof And
with full power to the said Trustees or Quorum of
them if they shall find it necessary to sell and
dispose of any part of my said lands and Estate
either privately by and with the consent of me the
said John Coehman and of the said Elizabeth
Cainns my Spouse Or publicly by any one thereof
without our Consent being had thereto Except
ing from the said sale my said lands of Penny-
land and waterside as now included in
Aroind
ing allways they apply the price of the lands
sold for payment of my said debts as contained in
the for said list thereof And with power to them
unto take A fsignations in trust and to which be
hove for said from my said creditors of the debts to
be paid by them or discharges of the debts as they
shall think fit And with power to the said Rais
to bind me and my representatives in ab.
solute Arrandiz for the lands to be sold by them
and

145

1567

Rockport

And in case any of my said Trustees who are now
bound for any of my debts or may afterwards become
bound, or not being bound, shall pay any of my
debts contained in the said list of debts then and
in that case they may take an afsignation in
their own name And the said debt is hereby de
claimed to be real Burden upon the subjects here
by Disposing in Provising also and declaring
that the said Trustees are and shall be obliged
to dispense and make over failing heirs male or
female of my body To and in favours of the
Richard Cochrane and the heirs substitutes Con-
form to the order of succession above settled at
their perfect age of Twenty one years Complet.
The whole of my said lands and Estate in their
persons They always prevailing and prevailing the.
Trustees of the Obligations they may have come
under in Consequence of the former trust And
discharging them of all their Intimations -
after just compast anduciong to be had be-
two years thereanent Also Providing
That in case I shall have my heirs made a He-
male of my own body Existing at my deceas.
Then their presents are declared to be and shall
become estament hull and void As if the same had
not been granted And the Settlement of my Estate
as

Antemptable to me for his Antecedents Purely
Deliberate That he is and shall be only accountable
to the said Trustees or any two of them whose dis.
charge shall be a sufficient Encernation to him
Providing also That in case the said Craftess
shall make over and demure himselfe of his
presents in favours of the said Richard Cochrane
and affading him in favours of the other Subſti-
tutes in the order of SUIT inion albo before him
That Cate the said Richard Cochrane and the other
Substitutes shall on the every year be accountable
to me subje in life And after my decease to the
heirs male or female lawfully to be p[ro]cessate of
my body Reserving all ways to me in l[iter]ent
curing all the days of my lifeline Any for said
lands of waterside and lands of Pennyland
as now inlaid And lands of Templeland and
and Birny knowpark and Coalkough with
the haitl benefits and profits arising therefrom
for an aliment to me and my family And
also Reserving to the said Elizabeth Cairne
my Spouse in case she shall survive me for
l[iter]ent right and annuity provided to her by
our said Contract of Marriage dated the Elfecth
of August Omvige and thirty three years And
This on no ways y[el]ade nor done The which to
do I commit to you and each of you my said

Battues

Indubbed and Multures and other in manner abovementioned All lying in manner abovescritte To the saids Mr. Charles Thomas Bafil and Mr. James Cochranes Anthony Mclie and James McAdam and John Rankine as Truftees for and in name and to the behoof of the heirs male and female abovementioned and persons abovenamed Conform to the destination and Order of Intersoi an abovefett donn By Delivering to the said John Crobson as their Attorney in their name of Earth and Stone of the ground of the said several Lands And of an handfull of grafs or Corn for the said teinds and other Symbols requisite as use is To be holden in manner mentioned in the forsw right and disposition and with and under the provisions Declarations and reservations above written contained in the said right and Disposition and Precept of Feasine abo insert, who being personally present Accepted and received the samen after the form and tenor of the said right and Disposition and Precept of Feasine a-babe insert Herein contained in all points sofere: upon and upon all and sundry the prescriptes the said John Crobson as Attorney for and in name for said of the said truftees Aske and took Infructu-ments and orme in the hands of me Mettar publak подписivig These things were done upon the ground

qldas

Domnus Insularum etootiæ Benæscallus &
Immediatæ regitimus *Superiorum terrarum alior*
sumq Subscriptur cum pertinens. *Omnibus*
probis hominibus totius terræ suæ Clérinis et
Laicis Salutem. *Sciatis* Nos cum avisa =
mento et Consensu Matthiæ S陆 Armigeri Do-
mini Capitælis Baronis Boararg Charif simi
Moftri patris in illa parte regni Magnæ Bri-
tannice Bootia vocat. Domini Joannis Clerk
Georgij Dalrymplei Thoma Kennedy et alii:
di Eolini Armigerorum dict. Boararg Baro-
num Commissionariorum Mofnonum pro administratione Mofnonum negotiorum annuari
Riduum aliorumque in illa parte dicti regni:
Bootia Muniepa! Ratificati Approbati
Et hæc presenti Carta Mostra Confirmafse
Tenoregni Ijuo Ratifituri Approbavi proq3
Mobis Mofnisq rigio Sutri soribus principi
bus et Senæcallis Bootie pro perpetuo Con-
firmari. *Dilictis Mofnis* Magistro Sarolo
Sodrane de Ochiltree advocato Thoma Sodrane
Mni Commissionariorum Tributi in
go Exciæ muniepaL Antonio M.kie dellithi.
Law Sarobo M. adami de Waterhead Zafill
Sodrane locum tenenti lic. Lientinant filio
Ouillimi Sodrane quondam de Ochiltree
Magistro Joanni Rankine in Burgo de Ayr
Allier catori

Mercatori et Magistro Davobo Cochrane Advocato Jfratri Germano Joannis Cochrane de Water side ffidei Commifsarijs nomine et pro interefse heredime Mafenilorum ex Maritagio inter sich Joannis Cochrane de Watersyde et Elisabe: Tham Cairns ejus Sponsam legitime poroereand Quibus Dèpitien Nomine et pro interefse herod aliorum Substitutorum Subseript Anandam

### Dispositionem et serum Institutionem

Hact et Contraff adicto Joanne Cochrane de Water side in favorem Personarum Supramentionat tanquam ffidei Commifsariorum nomine et pro interefse predicò de data Detimo nono diemque bis Octobris Millisimo Septingentesimo Trigesimo Octavo. Per Quamquidem Dispositionem preeid Jeanco Cochrane in Satisfactionem et Solutionem sucrum justorum et legitimorum sunt temporis Debitorum Et ad ulteriores Debitorum in dictas terras aliaq, subseript Contraitiones in posterum tempus forævendiendum Et per amori et favore erga Personas inibi Specificat, a si gestis Vendidit et Disposuit. Cum et sub Provisioribus Debarationibus et Reseruationibus inibi Specificat, in favorem portat inri Caroli Thomæ Bafill et M[arc]Jacobi Cochrans Anthonyj M[arc]lie Davobi M[arc]adam et M[arc]je Joannis Rankine fidei Commifsariorum Nomine

William Smith et alio

Et pro intereſſe porædiu hæredum Mlasculorum,
et Maritagio inter diu. Hoannem Cochrane et
Elizabetham Cairns ſuam ſponſam procreand
Quibus Deſicion Nomini et pro intereſſe hæred
maſculorum ex Corpore diu. Hoannis Cochrane
ve quobis alio Maritagio Subſequens legitime
procreand; Quibus Deſicion Nomini et pro
intereſſi hæredum ſſæmellarum ex dict prece
senti Maritagio procreand; Quibus Deſicion
hæredum ſſæmellarum de corpore ſuo ex quobus
alia Subſequenti Maritagio procreand; Quibus
omnibus Deſicion poruèdict Personis Huius Com:
misparijs Nomini et pro intereſſe Titardi Cochrane
filij legitimi natu macimi demortui Cidieli mi
Cochrane fratris sui germani. Et hæredum Maſ.
culorum ex ejus corpore legitime procreand; Qui
bus Deſicion Nomini et pro intereſſi Gudilmi
Cochrane filij natu secundi diu. demortui Guli:
ilmi Cochrane ſui fratris et hæredum Majeu:
lorum ex ejus corpore legitime procreand; Qui
bus Deſicion im favorem poruèdict Magistra Jacobi
Cochrane Advoccati fratris sui germani et hære-
dum Maſentorum ex corpori ejus procreat seu
procreand; Quibus omnibus Deſicion Inſtavorem
Enjuſvis alterius poruone vel perſonarum ex
poruèdict Joanni Cochrane poru Eriptum ſub ſua
Manu quobis tempore initæ et ſtam in articulo
mortis

155

Joannes Cochrane, Sertum quod hæredes Ob-
stringit et Obligavit, forcedictas personas ffidei-
Committories nomini ac pro intereffe predict
in terris Derinmis Molendinis alijsgui Supera
scripta cum partinèn Infeodare et Basire
Benen vel de dicto Joanni Cochrane ejuqz
hæredibus alijsgui prædict in libera alba fir-
ma Aut ab eo et ijsdem de Molbis Molallisqz,
Regijs Superfisorbibus principibus et Benefac-
lis Ecotire immediatis legetimis Superioribus
Earmund Cum et sub Reseruationibus ferobi;
visionibus et Delegationibus in Ditt Disposi-
tione speciatim Epistfisio et in Infeofament
is supef dict juo ffiduciarium et Dispositio:
nom Sequen seu siqui competen nanc Con-
format inſiri Statutis Mina Cum force
cepto Basina in Dispositioni prædict content
et Instrumento Basina desupir sequen
sèn Sequi Competen In ſingulis Capitibus
Artionibus Clauſulis Obligamentis et Content
is earung ac Etiam Statificaffe
Aproprobaffe Situti Noto cum consenſu pre-
dict Ratificamus Approbamus poroqz Molbis
Molallisqz Regijs Superfisorbibus pro perpœto-
Confirmamus Auctioſes et Vendiſiones
Bineſularium portionum terrarum Sub ſeript,
A porœfatæ ſfidei Commingarijs ſſactis decimo
dic

William Smith

In favorem prædicti Alexandri Milleken de Dam-
canzeamer. Terrarum de Burnstone et
O Blackstonn in faborem Jacobi Abercrombie
et Apud Authinleck Preceptorio, Terrarum
de Darntonner in faborem Jacobi Lennep
de Trimacæ. UNA cum omnibus juribus,
ffindalibus ar Dispositionibus singularum
portionem terrarum supra script super dictas
venditiones per prædict ffidei Commissarios
in faborem respectibarum personarum prece-
script earung Emptorum Commiss. seu Con-
cedend. et Precepta. Sasinæ inibi cotoent seu
continend. at instrumenta Sasinæ desupersi:
quon. In Singulis Capitibus Articulis.
Clauonibus Obligationibus tenorebus Conten-
tis earung. Et nos Cum abisamento et.
Confinsu prædict Volumus et Con-
cedimus Et pro nobis Hafisq. Wey's Sur
cj. sordibus tenore presentium Decerni =
mus Ordinamus et Diclagamus
hant presentem Confirmationem prædicti juri
ffiduriarj. et Dispositionis prædict Joannem
Cochrane in faborem ffidei Commissariorum
prædict Precepti Sasinæ et Instrumenta Sa:
sinæ de super Sequen seu sequi Composed et
Auctiones et Vitiones Singularum portionem

dict.
William Smith.

Diet terrarum in favorum prædict Emptorum
et jura fœndalia et Dispositiones a dict fidei
Commiffarijs in Forum faborem Concilii sen-
contendens cum præceptis Basinæ inibi con-
tent seu contineng et Instrumentos Basinæ
desupër sequen seu sequi composten iam
validam effectudem et sufficientem et tanti
roboris efficacise et effectus fore ad omnia in-
tenta et proposita ac si eadem hir verbatim
inscrierentur et ac si ante dict fœndalium ju-
rium et Dispositionem executionem hæc
præsens Confirmatio Conceffa fuisset. Ac
cum omnibus desupër sequen seu sequi
composten aut quæ contra hanc præsentem
carum Confirmationem quobis modo Ob-
jici poterint, Et cum omnibus Militatibus
et imperfectionibus (si quæ inibi sint) NOS
cum consensu prædict Dispensabimus,
tenoreqz præsentium in perpetuum Dispen-
samus Tenen et Daben prædict
terras molendina Decimas aliaqz præfat.
cum pertinen in dict fideffiduciario content
për dict Magistrum Carolum Thomam Ba-
sil et Mnr. Jacobum Cochranus Antonium
McHie Jacobum Mladam et Joannem Rankine
Bida Commissarios Nomine et pro interesso.

William Smith

hæcdam

161

1565 Aex

Heere dom et Substitutorum supra specificat
De Molis Moftrisq, Regis Sub ordibus Prin-
cipibus et Seneschaliio Scoticæ immediatis -
Legitimo Superi ordini earum pro Solutione
Molis Moftrisq predict Tacet Wardæ alior:
unq, Divorium de terris Molendinis Deci-
nis alijq, supraseript cum pertinent debit
et Solvi solit Et in dict Joannis Cochrane
judibus et Infeofamentis Earum content
nullo tempore hanc presentem Confirmatio.
nem procederet Et Tenem et habent
predict Singulas portiones Terrarum vendet
aut vendat per dict Hidæ Commissarios
in faberem respectivorum personarum su-
praseript Empstorum earum De dict Hidæ
Commissario nomine et pro interesse dict
licerendum et Substitutorum aut deipso
dict licerendum et Substitutio supraserpici-
cat An Enju rei Testimonium
huius præsenti Tacte Moftræ Magna. Si-
gillum appendi mandatiunno Testibn
precediæto Mofno Convanguinæ Carlo Co-
nite de Selbirz Charissimi Moftri patris ab
Arhebis et registri Clérico et predictis Mof-
tris Andrea Hfitcher de Milton dict Moftri
patris Moftræ justiciariæ Clérico et Roberto

Disposition

John Cochrane of Waterside & Trustees
to
Mr. Alexander Hoswell of Undpinleck

I now all Men by these presents Wee
John Cochrane of Waterside, William Cochrane of Muirfeild Merchant in Edinburgh, Nephew and presumptive heir of the said John Cochrane, Mr Charles Cochrane late of Ochiltree now of Enrofts Advocate W. James Cochrane Advocate, James M. Adam of Waterhead and John Rankine late Merch. in Ayr now of Deoch Trustees for the said John Cochrane That Whereas I the said John Cochrane by my Disposition and Deed of Settlement dated the nineteenth day of October, Imprime and Thirty Seven years Registrate in the Sherriff Court books of Air the twenty second day of August, Imprime and Thirty eight years Dispond my lands and ofurs therein ment.

To the persons abovementioned and others Shereinspeci-
fied As Trustees for the ends and purposes therein Con-
desced on and Specially for payment of certain debts
due by me contain'd in a list relative to the said Disposi-
tion sign'd by me the nineteenth day of October Seventeen
hundred and thirty seven years And Registrate in the said
Sherriff Court Books the nineteenth day of November Se-
venteen hundred and forty two years AND by Virtue of

Of which Disposition the said Trustees or some of them thereby fixed were empowered To sell part of the said Estate particularly the lands and other things to be hereafter mentioned Either privately with Consent of me the said John Cochrane and Elisabeth Cairns my Spouse Or by way of groups without our Consent And the Office of the said Subjects in as far as not disallowed of course thereby provided to Stand in the persons of the said Trustees for the behoof of the heirs of the body of me the said John Cochrane Whom failing for the behoof of Richard Cochrane now deceased and the heirs of his body Whom failing for the behoof of me the said William Cochrane Brother to the said Richard and the other Substitutes therein mentioned And whereas Wee the said Mefsieurs Charles and James Cochrans James McAdam and John Rankin a Quorum of the Trustees nominate as aforesaid And who alone accepted of the Trust And in Execution thereof acquired right to or obtain Discharges of the whole Debts contained in the List abovementioned And furder with Consent of the said John Cochrane and Elisabeth Cairns in Consequence of a group fewed out certain parts of the said Estate to sundry persons and particularly the lands of Bigsyde Brints: town, Blarkotown, Annatines yeards and Commonz dyke To Mr. Alexander Boswell younger of Anfینferk Advocate And thereafter viz: upon the fifteenth of October last There having been another group Att with the whole Estate of the said John Cochrane remaining unsoled both property and Superiority was exposed to sale Conform to Articles Subscribed by the above named four

James Cochrane John Cochrane

Trustees

John Rankine

Charles Cochrane

Trustees and John Cochrane of Watersyde As also by the said William Cochrane as presumptive heir of the said John by reason of the decease of any brother Ritchard with out heirs of his body According to which Articles the lands and others herein afterwards to be disposed to the said MR Alexander Boswell as for the principal were fourthaid for the behoof of the said MR Alexander by Andrew Hunter, writer in Edinburgh And another partell Consisting of the lands of Pennyland Watersyde and parts of the lands of Glenhead Glensyde Napland Old-byre Hallans: holln and Kirkland All inlaid within a stone dyke built by the said John Cochrane Were fourthaid by William Paterson Writer in Wilmarnock who made over his right to the said Andrew Hunter for the behoof of William Earl of Dumfries And as the aforesaid Elisabeth Cairns has right by her Contraet of Marriage to a ligerent Annuity of One hundred pound Sterling which affects both purchases. And the price of these lands fourthaid for the behoof of the said MR Alexander AS ofwell was made payable at Thursday then next now left to act with animal rent from the Term of Mart. Fourteenhundred and ffty Six years And Two THOUSAND pound Sterling of the price of the lands fourthaid by the Earl was to remain in his hands until the death of the said Elisabeth Cairns Therefore It avas agreed by the said Articles That the said lands of Penny land and others in that kott or partell should be disposed to the fourthaser of the other lands in real Warrantive a = gainst the Annuity of the said Elisabeth Cairns And that

The

John Rankine

James Rankine

The Purchaser of the said Lands of Pennyland & others in that Lot or Partell Should be bound to Releive the Purchaser of the other Lands from the said Annuity and all Costs and Damnages he may sustain thereby In Consequence of which Articles of Roup Procedure therein and of certain after Communications for more easily Expediting the Affair The said William Earl of Tumfries did upon the

day of last Grant a Bond and Obligation for the principal sum of Two thousand pound Sterling The Annuity of which was made payable to the said Elisabeth Cairns in Order to Answer her foresaid Annuity And the Principal sum to the said Trustees for the behoof of the heir of the Body of the said John Cochrane &c. from failing for behoof of the said William Cochrane And the other Substitutes thereunto. And which Bond Contains a Preempt for an Infeftment of Annuabrent or responding to the said Principal Sum To be fully lifted out of the lands of Glenmuirshow and others to be hereafter particularly mentiond As also Contains an Obligation upon the Earl to Releive the said W. Alexander Boe: well and his purchase aforesaid from the said Annuity & all Damnages with which may thene attrue to him And

now Seeing the said Master Alexander Boe well in terms of the articles of Roup Stat. made pay = ment to Us the said Messieurs Charles and James Cochrans James Mac Adam and John Rankine of The Sum of Two thousand Three hundred and thirty

Thirty five pounds Sterling With the whole Lawfull Interest thereof Sixte Martinmafs Seventeen hundred and forty six years And whereof Wee hereby Aeternall edge the receipt And Discharge him Therefore

Witt yet us the said Mefs Charles and James Cochrane, An implement of Our part of the said Articles of Wills and of certain after commonings for the more easily expediting the Affair To have Sold Alienated and Dispond As we hereby Sell, Annailzie and Dispone To and in favours of the said Alexander Boiswell and Miftris Enpham Erskin his Spouse, for her ligerent use only in case she sur: vive him And to the heirs Male for ever after procreate between him and her Whom failing to the said Mr Alexander his heirs and Afsigns whatsoever therefor tably and Fredeemably All and Baill The

Lands of Boigsye, Cornberry, Templeland shaw Dernconner, Common Bruntstown, Blackstoune Bannatine years and Common dyke As also these houses lands and years lying near the Church of such in leek presently or lately poffe'd by Hugh Good, Andrew Gibb John Simpson, Janet Good William Nitoll, Mary Caidow Jocobell Miller John Dalrymple John Cochrane Mary Baird and Mr David Couper Minister at Aunthin: leek With the Wood or Bank Adjacent to these lands & to the Ministers Gleib year and Manse And in general All lands and houses lying near the Church of Aunthin leek John at the lyme of the for said Rouyo pertain'd to me

James Cochrane
John Rankine

169

The said John Cochrane or my Trustees not induced within
the Park Called Waterside and Pennyland Park. The East
Dyke of which Park is declared to be the Boundary between
the Lands purchased by the Earl of Dunsfries on the East, &
of the fore said Particles of Land hereby Disposed on the West
As also All and Haill The Lands of Over Rodger:
to whom including Barliestown and Daills poſſeſt by
Thomas and William Campbells and their Subtenents
The Lands of Bar; Lodgertoun poſſeſd lately by John
Crichton and his Subtenents The lands of Barlanach:
an poſſeſd by Andrew Thomson and his Subtenents
The Lands of Orlyhead & Birnie know Bridgene and Bridge:
end Miln lately poſſeſd by John Cochrane and his Subten-
nents With the affritted Muctures and Sequels of the said
Miln used and wont And especially with the Muctures
and Sequels of the Lands of Pennyland Waterside & others
introduced in the Park sold to the Earl of Dunsfries All which
Lands are part of the Barony and parish of Aithinleck
Kylestewart and Shyre of ayr With the seat and Desk
in the Church of Aithinleck which pertain'd home the
said John Cochrane Appropriate & Corresponding to
the fore said Lands principally above Disposed.
AS
also All and Haill the Lands of Limmerhaugh
and Zound shaw lying in the parish of Born Styleaw:
art and Shyre aforesaid Together also with the Jeinds
parvonage and Vitarage of all and sundry the Lands &
Tenements above mentioned lying in the respective Parish
es aforesaid and Annuities of the same With all right
claim

John Rankine

Claim of right property or of possession of whatever kind
In which Wee or any of us have in or upon the lands and
others above disposed And these as for the principal
Sicklike Wee hereby Sell Annailrie
and Dispone to the said Mr. Alexander Boswell
and Wistris Eupham Erskine and their forsaids for
their respective Interests All and In all the lands of
Pennyland and Waterside with these parts of the
lands of Glenhead Glensyde Hapland, Oldbyre, Bal-
lansholm and Kirkland Infloed within the stone dyke
built by the said John Cochrane With the Teynds of the
Jame Parsonage and Nivarage As also An Annual-
rent corresponding to the sum of Two thousand and ten-
Sterling to be collected and taken yearly at the term of
Martinmas out of the lands of Glenmuir shaw and-
Papertill possefsd by William Rankine Lands of 2
Castleavill and Overgelt possefsd by James gibb lying
in the parish of Auchinleck And Shyre of Ayr, And
out of the lands of Clochlui, Haltmertz, Troughsyde and
Malkie Creoch possefsd by William Pagan, Lands of Leth-
ens possefsd by the said James gibb All lying in the pa-
list of New Curnock, Lands of Athergelt and Wells
thereof possefsd by Margaret and James Ruffells lying
in the parish of Old Curnock and All lying in the Shire
of Ayr As also the said lands themselves for security
of the said principal sum and penalty and all specified and
condemned for payment thereof And of the said principal sum
and penalty All specified and contained in the heritable
bond before mentioned granted by the said William Earl of

Dumfries

James Cochrane John Cochrane

John Rankin

Charles Cochrane

Dumfries With the said Bond itself sums of money
principal annuallent and penalty thereincantaind hail
heads articles and Clauses thereof And that in real
Warrantice and Security to the said Mr Alexr Boswell
and Mr Euphham Erskine and their forsaids of the prin
lands and Teinds abovement? Against the forsaid ligerent
Anmuity And all Kost and Damnage they may Sustain
therefore any manner of way So that in Case the said
Elisabeth Cairns Shall affect the said lands non dis =
pond to the said Mr Alexr Boswell by virtue of any prior
Infeftment or otherways for her ligerent That he and his for
saido Shall have Accts to the lands @rent and others Dis
pond in Warrantive in so far as he is any how damnaged
by the said ligerent. In the Which lands Teinds
Annuallrent and others above dispond Weebind and
Oblidg us and our hirs duly and Nalidly to Inleft and
Sease the said Mr Alexr Boswell and Mr Euphamer skin
for her ligerent use and their forsaids And that by two Ser
eral Infeftments and manner of holdings One thereof to
be held of us or any of us who stand presently in theffendal
tight of the same for payment of a penny Scots money in
Name of blentif asked And the ffuwdutys and seruites due
and prestable to Our own Superiors And the other of the said
Infeftments to be held from us of our immediate lawfull
Superiores of the same alve freely in all respects as we hold
or might hold the same ourselves And that either by resig-
nation or Confirmation as best shall please the said Mr Alexr.
Boswell and Mr Euphham Erskine and their forsaids And
that the Said Infeftments may be expede by resignation luce

John Rankine

James Wadham

Charles Cochrane

Our lawfull
them and ea-
pear before o
lands Teind.
Commission
grant new
becomes pome
is to resign.

All and
principally
ritures and
e thereof A
les cauua J
Superiors of
feftments of
Alexander V
her ligerent
deemably J
respond and
jointure of l
lands and a
potential form o
one or more
shall be need
that to the O
to appertain.

John

A

and Bath of them Conjointly and Severally
Our lawfull and irrevocable Procurators giving to
them and bath of them full power and Warrand to Com
pear before our respective lawfull Superiors in the
lands Deinds and Annuallrent before written Or their
Commissioners having power to receive Resignations &
Grant new Infeftments And there with all reverenue as
becomes purely and simply by Staff and baston asufe
is to resign Renonncs Surrender Ulpque and Deliver
All and Finndry the lands and other heritages
principally before Dispond And also the lands he:
ritages and Annuallrent hereby Dispond in Warrand
ice thereof And All herein holden as repeated brevita:
tis causa In the hands of Our Immediate lawfull
Superiors of the same In favours And fornew In
feftments of the same to be given to the said Master
Alexander Boswell and Mrs Enpham Erskine ffor
her liferent use and their forsands heritably and dre:
deemably In so far as conterns the lands principally
Dispond and in Warrandice as aforesaid Against the
jointure of the said Elisabeth Cairns As for the other
lands and Annuallrent abovementiond In due and com
petent form as Effects Acts Instruments and dotuments
one or more upon the premises to ask lift and cause As
shall be needfull And generally to do every other thing
That to the Office of a Pro In such Cases is by law known
To appertain and belong Promising to hold firm and
Stable

John Rankine

Stable all that Our said Pror. Shall lawfully do in the
premises Which Disposition Drory of Resignation
above written Pretept of Feasine after insert Charter
Instrument of Feasine to follow hereupon Wee Bind
and Oblige us to Warrand as follows Arowt I the
Said John Cochrane of Waterside Bind and Oblige
me and my heirs to Warrand the same at all hands by
Against all deadly as law will And Wee the said's
Trustees Consent Agree and Dehare that his said
Warrandie Shall Affect the Reversion aforesaid of the
said John Cochrane Estate And the whole heirs who
Shale suited thereto And the said William Coth-
ran Bind and Oblige me and my heirs That If for
they Shale suited to the Reversion of the said John Coch-
rans Estate That Wee shall Warrand this Conveyance
and all that is to follow thereupon Also at all hands and
Against All deadly And Wee the said Trustees Bind
and Oblige its Conjunctly and Severally To Warrand
the said Lands and houses about the Church of Anchin:
Leek and Teinds of the same Dispond printispally above
And the lands of Pennyland and Kirkland dispond in
Warrandie At all hands and against all deadly As
Also Bind and Oblige its conjunctly and Severally
To Warrant this present Conveyance and Lands and
others thereincontain'd Against the whole Debts of the
said John Cochrane contain'd in the list relative to the
Disposition of Trust Registate as above As also To
Warrand against all provisions made by the decast
James Cochrane John Cochrane John

John Rankine

John Cochrane of Materside fatherto the said John Cochrane above mentiond to his younger Children And last by mee bind and Oblige us as above To Warrant the same against all facts and Deeds done by us or any of us prejudicial hereunto Excepting from the said Severall Obligations of Warrantive The tipend pay able out of the said Lands As also Certain few Rights granted of the said Lands of Cornbury Temple Land Shaw, Common, Dernconner, Roundshaw, Limmer, haugh and Rigg To different persons Valsalls in the same And of the lands of O'Boigside, Bruntstoun, O'Flarkestoun, O' annatynes years and Common義k To the said Mr Alexander Boiswell himself As also The Jacks Sett by me the said John Cochrane foretred = ing the Trust right above mentiond Orime by me or forward Trustees before the Lords of the said Lands But Declaring allways That it shall be optional to the said Mr Alexander Boiswell either to hold by the said few Rights and Tanks And to Claim the whole Fliespulations and reservations in the same Conferred in favours of us or any of us Or to Impuge the same upon any ground of law not inferring Warrantive against us And also Declaring that it shall be lawful to the said Mr Alex? Boiswell either to make use of this aforesaid few right in so far as Conerns thefe lands in it contain Or of this pre- vent right the one without prejudice of the other And It is hereby further Declared That notwithstand:

John Rankin

Charles Cochrane

Notwithstanding the right of Ligerent provided here
by to the said Mr. Enpham Erskine Yet it shall
be in the power of the said Mr. Alexander Boswell by
himself alone To Sell Burden or gratuitously dis.
possess of the lands and others above written without
her consent, And if there shall be no alteration
made by the said Mr. Alexander Boswell Then the
ligerent aforesaid shall be understood in part Satis.
faction of the provisions conceived in her favours by
her Contract of Marriage Toirt That she may
take the abovementioned lands in plate of lands of the
same rent already provided to her by way of totality
And the rent when her ligerent commences is to be the
rule And now the said Disposers abovenamed
for all right we have or can possess Do by these
Presents Aforeign and Transferr to the said Mr.
Alexander Boswell and Miftris Enpham Erskine
and their forsaid The whole Writts and Evens
of and Concluding the lands Seinds and others above
dispond With the pro rights of resignation precepts of
Jesuite not Exaetute Clauses of Warrantive and
whole other Clauses And All that has followed may
follow upon the same As also In and to the rents
Maills and Dutys Kains and Casualty of the
foresaid lands Dispond as for the Principall And
that from and since the term of Martinmafs while
was in the year Seventeen hundred and forty six
and in all tyme coming Excepting altenarly

the rent

John Rankine

The rent of the Coalhenge To which the said Mr. Alex
is only to have right from the fourth day of April
left And in so far as Conerns the lands Annual
rent right and others Disposed in Warrandite We
hereby Afsign them in and to the rents and du
ties of the fame from and after the first term That
by reason of the said Elisabeth Cairns her not to recei-
ing payment funestally of her Annuity The same
comes to be Charged upon the lands fourriased by
the said Mr. Alex? Boswell Which Afsigna-
tion to the Writts Writts We Oblige us respectively to
Warrand in the fame manner and Way we were
bound above to Warrand the lands and the Afsigna-
tion to the; Maills and Dutys from our own pro-
fer ffaets and deeds done or to be done in prejudice
of the fame And ffurder We Bmd and Oblige
us Conjunctly and Severally to Disburden thes.
lands and Teinds Of all few Dutys Cefes stipends
and other penbliK burdens due out of the same att
and proceeding the term of Martimnaſs Seventeen
hundred and forty six years And to Deliver Disha:
ges of the fame behooved and Martimnaſs first to
come The said Mr. Alex? V5 of well and his forwards
releiving us of the fame for all terms thereafter And
itis hereby Declared that the said Mr. Alexander
Bofivelles atteſtantc of this present right Shall no
ways be understood as paſsing from a Claim of
JAMES E. COCHRANE John Cochrane
John Rankin

177

Redemption of these parts of Glenhead, Glensyde, Hapland, Olbyre and Ballansholm, But that the same and our Objections against the same shall remain in the same state as before granting these presents And Wee have Delegated up herewith To the said Mr. Alexander; or Boiswell, Further Writts as only concern his purchase. Conform to an Inventory signed byns of the date of these presents And have also Delivered up to him an Inventory of the other Writts relative to the above purchase subjeewd byns And Oblige no to procure and Deliver to him An Obligation by William Earl of Dumfries, Bo whom the said other Writts are to be delivered That he shall make the same furthroming to the said Mr. Alexander Boiswell When he has occasion for the same On the said Mr. Alexanders Receipt and Oblidgement to redeliver the same And Wee CONSENT to the registration hereof in the Books of Comnill and Session or any other Judges Books competent therein to remain for preservation And if need be's That Letters of cornwag and other Executorials needfull on six days charge may hereon paſs in due form as ſeffers And Consti tute

Our Sitter. de. Attour To Our Lovites

And earl of Now jointly and Severally Our Baillies especially

Charles Cochrane

Constitute to the Effect underwritten It is Our Will
And Wee require you That onight hereof we,pers to
the ground of the lands and others above and under
Written And there give and Deliver heritable and
Irdeemable State and easine With Pofeflion of:
Gall real and Corporal of All and Haill The
lands of Boigsyde, Cornberry, Templeland, shaw,
Derntonner, Common, 25arkotoun, Bruntostoun
Bannatineyeards and Common dyke As also
These Houses lands and yeards lying near the Church
of Anchinleck PreSENTly or lately Pofefled by Hugh
yood, Androw Gibb, John, Fympoon, Janet yood Willi:
am Mitoll, Mary Coldow, Isobell Miller, John Dalrym:
ple, John Cochrane, Mary Baird and Mr. David Comper
Minister at Anchinleck With the yood or Bank ad:
jarent to part of these lands And the Ministers lyleib
yeard and Manse And in generall all lands & houses
lying near the Church of Anchinleck Whilipertains
to the said John Cochrane or his Truslees at the time
of the tons beforementiond And which are not indosed
within the Park Called Watersyde and Pennyland
Park The East dyke of which park is撇ared to be the
 boundary between the lands fourthoed by the Earl of
Dunfries on the East And the abovementiond particles
of land on the West As also All and Haill The
lands of Over Rogertoun including Barbiestoun and
Daills pofoost by Thomas and William Campbells and
their Subtennants The lands Called Bath Rogertoun
pofesd

Poffesfist lately by John Eriviton and his Subtenents. The lands of Bartlamhan poffesfist by Andrew Thomson and his Subtenents. The Lands of Orthyeard, Birnicknow, Bridgend and Bridge-end Miln lately poffesfist by John Cochrane and his Subtenents With the Aftcribed Multures and Sequello of the said Miln noed and Wont And Specially with the Multures and Sequello of the lands of Pennyland and Warterside and others inflosed in the Park Bold to the said William Earl of Duffries All which Lands are parts of the Barony of Anthonieck Kylestewart and Flyre of Ayr With the Seat or Desk in the Church of Anthonieck which belonge to me the said John Cochrane Appropriate and Corresponding to the said Lands printipally above is poffond, as also Of All and All and Paill The lands of Zimmerhangle and RounDSHAW Lying in the parish of Sorn Kylestewart and Flyre aforesaid Together also With the Teynds parsonage and Vitarage of all and Sundry the lands & tenements abovementioned Lying in the respective parishes aforesaid And Annuties of the Samen Teinds And House

James Cochrane

John Rankine

John Cochrane as for the

Charles Cochrane

As for the principal Fießlyfke Of all and Maill the Lands of Pennynland and Watersyde, With these parts of the lands of Glenhead Glen: dyke, Hapland, Oldebyre, Ballansholm and Kirkland inlond within the Stonedyke built by me the said John Cochrane with the teynds of the same Parsonage and Vittarage An also Of an Annuallent Corresponding to the Sum of Two thousand pound Sterling to be uplifted and taken yearly at the term of Martinnafs Out of the lands of Glenmuizhow and Paperhill & poofefst by William Rankine, Castlecavill and Overgelt poofefst by James Gibb Alllying in the Parish of Aulhinlech and Shyre of Ayr And Out of the Lands of Clochlni Daefernck Ronghfyde and Meikle-Crooch poofefst by William Wagan Land of Lethens poofefst by the said James Gibb Alllying in the Parish of Mero Eunmock and Shyre aforesaid. Lands of Wethergelt and Wells thereof poofefst by Margaret and James Rufsells Lying in the Parish of Old-Eunmock and Shyre aforesaid And Of the said Lands themselves for Security of the said prinie. Annuallent and Penaltys conditions for payment thereof and of the aforementioned print. Sum All Specified in the fore said heritable Bond granted by

the said

James Cochrane

John Rankine

Charles Cochrane

The said William Earl of Dumfries And that
in Security and real Warrantice against any
prior Enfeftment for Joynture in favour of the
forenamd Elizabeth Cairns or other Right
ro whatever whereby She may affect the printi-
poall lands Conveyed as is above specified .
And against all Cofts and Damnages of
ro whatever fort That may thereby arise or
Emerge in manner abovementioned TO
the said Master Alexander Boofwell and
Mr. Enpham Erskine his Sponce in Con-
junct fee and ligerent ffor her ligerent use
allenarly in case She shall happen to Sur-
vive him And to the Beirs male procreate
or to be procreated betwixt them
Ifailing To the said Master Alex =
ander Boofwell his own nearest heirs
and Afsigneys ro whatever Or to their
certain Attorney or Attorneys in their
Mames bearers hereof 25 by Deliverance
of a little Earth and Stone of the ground of
the said lands and Tenements And an
handfull of Grafs and Corn ffor the said Land.
And Of all other Symbols requisite yriecefary

To be bolden in manner fore said, And

This on no ways ye leave undone The which
to do Wee Commit to you and Bach of you One
full power and Warrand by this Our precept
In Witness whereof thefe presents consisting of this
and the Eighteen preceding pages With the Marginal
Addition on the fifth page (all wrote upon Stamped paper
by Matthew Dickie Writer in Edinburgh) With another
L sopulicate of thefe presents at the said All Alexander
Bofwell's defire Are $Subferued as follows viz
By us the faids John and William Cochrane Mr.
James Cochrane and James M. Adam Att Edin-
burgh the first day of July One Thousand Seven
hundred and fourty Eight years before thefe Wit=
nesses Archibald Campbell Writer in Edinburgh
and the said All Matthew Dickie and Andrew Hunter also
Writer in Edinburgh And by me the said CM Charles Coch:
ran att Hamilton the fourth day of July and year forsoid
before thefe witnesses Alexander Corsan Merchant in
Hamilton and John Johnston my servant And by me
the said John Rankine att Adamsforthe the Eight
day of the said Moneth of July and year forsoid
Before thefe Witneſſes his Eight Honourable Alea:
ander & Earl of Eglinton and Lieutenant Gilbert
M. Adam of the Boct Royal commanded by Gen:
oral &c.
St. Clair

Matthew Dickie Writhe

Andrew Hunter

John Cochrane

Atch: Campbell

Mexz. Coran

John Johnston coities Charles Cochrane

John Rankine

Advertisement.

THAT all Persons, not having a legal right, are hereby debarred from casting, winning, or away-carrying Peats, from off the Farm of ROUNDSHAW, in the Parish of SORN.

And Notice is hereby given, that all Persons who has already cast Peats on said Farm, are hereby prohibited from carrying the same away, until they shew what right they had so to do; otherways they will be prosecuted as Law directs.

And any Person giving information against those con-travening this Advertisement, will receive a suitable Re-ward, on conviction of the Offenders, by applying to JOHN RICHMOND, Writer in Mauchline.

JUNE 1, 1807.

H. & S. Crawford, Printers, Kilmarnock.

Haulgles ex aquilonari parte fluminis Ar quas voluerat
excolere, et piscaturam, in Ostio fluminis Ar, cum duo-
ete primo Sciz de tribus retribus, Et desuper ut utantur
ipso flumine Ar tam in piscationibus quam in alis rebus
Sicut, eis placuerit, et utilius fuerit. Et sicut ego ipse
ad, opus meum, proprium melius habui. Hanc elemosi-
nam volo ut, prisdicti Monachi de Melrose, ita libere
et quiete, et honorifice perpetuo tenore ab omnibus ser-
vitis et placitis. Assisis quod et luxilys et omni exactio
non seculari, et, consuetudine in, perpetuum, teneant
et, posideant, Sicut, liberius et quietius, et honoriti-
centius aliqua elemosina teneri potest, et posideri.
Posterea Sedi et, concefsi eis totam, pasturam, et
Forrests, ynes, usq, ad divisas de Dureglas et de Las-
maqu, et, de Glenqevil, a parte Aquilonali fluminis Ar
cum omnibus Aisiamentis inlemore et in, omnibus alis
rebus eis necessariis, et unam, carrucatam, terris ad-
excolendam, in illis locis ubi, providerint, melius et,
utilius ad opus num, libere et quiete de me et hu-
redibus meis, ab omnibus servitij's perpetuo tenore
possideam. Excepto quod quinque Marcas Argentij
mihi et heredibus meis annuatim, persolvent. Sal-
va tamen, forresta mea mihi in, Bestij's et Avibus
Et not Sciendum, quod Ego et heredes mei paciemus
porensc Servicium, apud Dominum Regem, de Om-
nibus prisdictis, et, Warrantiz abimus eis prisdictas
divisas, et, quicquid in, eis est, in, bosco et, plano-
et in, omnibus alis rebus, contra omnes homines in,
perpetuum, Sicut, liberam, et puram, et perpetnam
 elemosinam. Et, quia volui, ut, hsc, mea elemosina
Firma esset, et stabilis, nec aliquo modo posset, in fini-
Infringi.

R. K. Uddman

(3)

Tam Aquariis quam Ventoriis, cum, Feris et Avibus pis-
tibus, et omnibus aliy quę infra dictas terras et pastu-
ras inventa sunt, vel, Invehiri, poterunt, ad Me et, ne:
redeſ meos spectancia, vel, ſpectare debencia, tam,
Subtus terram, quam, ſupra, ſinteqre quiete plenarie,
et, honoriſtce, et, solita ab omni, ſeculari ſervitro,
exactione et, demanda, et ab omni, vexatione et, Im-
pedimento qnei et, higredum, meorum, Hallivorum, ſervi-
entium, et hominum, nostrorum, Ita quod, nec higredes
mei, nec aliquis alius aliquid pro dictis (terris) et, pas-
turis ab eisdem, Abbate et Conventu, exigere pote-
rimus preter Orationum, ſuffragia. Et Ego et higredes
Mei, omnes dictas terras et pasturas, cum, omnibus per-
ficientis suis et libertatibus, contra omnes Homines,
in, perpetuum, Warrantizabimus ac Defendemus. In cu-
jus rei Testimonium, Ego pro Me et higredibus meis
præsenti, Carta sigillum, meum, Apponi, feci Testibus.

### Confirmatio Regis Alexandri Donationis
Alexandri Senescalli Monachis de Melroſs.

Alexander Dei gratia Rex. Scottorum, Omnibus probis hominibus totius terræ, sus, Salutem. Sciant, presentes 100s conceſſiſe, et, hanc Carta nostra pon: firmate Donationem, illam, quam, Alexander Se- nescallus Noster fecit Deo et Ecclesia S. Maris de Melroſs et Monachis ibidem, Deo Servientibus, et, in posterum, servituris, pro Salute sua et Ixoris sus, et omnium, antecesſorum, et, Sucteforum, ſuorum, de omnimodo jure et, clamio quod, idem, Alexander, vel, higredes sui habuerunt, vel, habere poterunt in terris et, pasturis de Manchlin, et, pertinentijs suis ab anteſſoribus.

(4)

Carta de Dalshangan et Bargover, a Petro de Curri Monachu de Melros
conecta anio 1205

Omnibus hoc scriptum, visuris vel Audituris. Petrus de Curri Salutem. Sciatis me in bona devo:

Petrus de Curri Salutem. Sciatis me in bona devo:
tione nutu Divino, me Reddidi Fratrem Domui de
Melroſs, ab Abbate et Conventu Ejusdem, Domus benigne
Susceptus. Ita quod Ego pro Domo de Melroſs in Omnibus
ubiqui stabo. Sicut Kezer, et participes Omnium bo-
norum, ejusdem, domus, in his qui bus potero consulendo
et auxiliando valere. Nec illatenus eidem Domui yel,
Fratribus seu hominibus prædictorum, Monachorum, de
cetero Adversabor. Insuper sopita Controversia
inter nos habita. Anno Domini, Mo. CC., yo Super
terris illis sciz Dalshangan et Baroover quos
jacent inter rivulum, cadentem, de Duveloc, et Saxe-
noc. Ego quicquid juris habni, vel habere potui pro
me et hæredibus meis, Deo et J. Maris et, Conven-
tui de Melroſs, quietum, clamavi. Hujus igitur rei,
Deum et fidem meam, Necnon, et meipsum, testes
constitui. Et hanc præsentem, Cartam, meam eis, Sy-
per Magnum, Altare, coram Conventu de Melroſs Fra-
tribus meis optuli et tertiam partem, Substantis
mea Domui de Melroſs Aſsignavi, sive virus sive
mortuus ad eandem Domum, Nظر. Testibus &c.

Sex CARTA procedentes Super hæc et sex paginis
præcedentibus. Extracts sunt ex Cartulario Melroſs
in Bibliothèque Curiei S. Petri, et, p[ro]fetór[um] collatis sunt cum dicto Cartulario a
Thoma Rudimanno A. M. dicto Bibliothèque Custode.

Ruddiman

s datis et concesi,
e aliquo retinens
Melroſs in domum
Concedi sibi
illam quam idem
terris et pastores
juribus libertati
uram, et perpetuo
tis et pascuis in
nis et staquis in
cum Feris dixi
tas terras et
uveniz, tam sub
drum et hæredes
a libere et, qui
ejusdem Alex-
et et pastris habet
meo. Testibus

Melroſs
Caribabel

Scolbrum. Qua-
Salutem, Sic-
nui de Melo-
sus; de Man-
ninis de Ar-
ni. Quare, huius
terres vel pastris
t Conventus decem
ariam, forisfacta.

Ruddiman

To James Mitchell of 10 shill. land of Overmeik
=lewood Extending yearly to 13 shill: 8d Inde the year comptit.

To John Foggo of 10 shill. land of Grenoktoun, Ext-
tending yearly to 14 shill: 10d inde the year comptit.

To Marion, Anderson of 8 shill. 9d land of Dalquhram
extending yearly to 13 shill: 1d 6d. Inde the year comptit.

To Adam Reid of 26 shill. land of Helar extending
yearly to 23 shill: 4d Inde the year comptit.

To Adam Aird of the 12 shill: 6d land of Over-
Catreine Extending yearly to 18 shill: 2d 6d. Inde the
year comptit.

To William, Aird of 16 shill: 8d land of Nether
Bruntsheill extending yearly to 24 shill: 8d 6d. Inde
the year comptit.

To William Duncan of 7 shill: 3d land of Hoilhouse
of Daldilling extending yearly to 14 shill: 2d Inde the
year comptit.

To James Reid of 5 shill. land of Grenoktoun ex-
tending yearly to 7 shill: 10d Inde the year comptit.

To John, Campbell of Montgarswood of the 3 merk
land of Montgarswood 8 shill. land called Cuttersland
and 4 shill: 7d 1 9d land, there Extending yearly to
52 shill: 7d 6b. with 4 shill: of Augmentation, inde the
year comptit.

To Richard Duncan of 18 shill: 4d land of Logan-
Extending yearly to 26 shill: 8d 6b Inde 7 year comptit.

To John Reid of Ballochmylne of 40 shill. land of
Ballochmyle Extending yearly with the 40 shill. land of
Overwood called Lammie burn, to 10 tib 2 shill: 3d and of
3 shill. land of Welltoun Extending yearly to 26 shill: 10d

Land, of Fouter, Skynnersland, and, Crawisland with tower, 10 shill: land of Newton and Oxenshaw, 26 shill: 8d land of Gershills, 9 shill: land of Bogwood, called, Smelgitts, and 15 shill. of Newton, Extending yearly to Lib. 16 shill: 10d. Inde the year comptit.

To Duncan, Walker of 9 shill: land of Lochlie &c., tending yearly to 13 Shill: 5d Inde 4 year comptit.

To Hew Ferquhar of 13 shill: A land of Lieshaw, and 20 shill: land of Reidwray Extending yedrly to 47 shill. 19d Inde the year comptit.

To James Reid, in Wellwood, of the 24d land, called, Gersyairds, extending yearly to 7 shill: 9d Inde the year comptit.

To William Reid, of 15 shill: 8d land, of Auchmilling, extending yearly to 22 Shill: 10d. Inde the year comptit.

To James Reid, in Wellwood, of A shill: 4d land, of Inde the year comptit.

To Janet Anderson, in, Auchmulling of 6 shill: 8d land there. Extending yearly to 10 shill: 2d Inde 7 year comptit.

To John, Milligen, of 6 shill: 8d land, of Auchmilling, Extending yearly to 10 shill: 2d Inde the year comptit.

To James Chalmers of Gaitgirth, of A merk land, of Auldhouse burn, & Cora flat, extending yearly to 57d. Inde the year comptit.

To Donald Waddell of 3 shill: land of Nether quhytflat, extending yearly to 5 sh: Inde 4 year comptit.

To John, Bonstoun, of 3 shill: A land of Welton Extending yearly to 27 shill: 1d Inde the year comptit.

To Matthew Reid of the 8 shill: 9d land, of Dal-

Dalquhran,

To William Carmichael, extending yearly the year
comptit, to - 25 shill,
To John, Anderson, in, Barbour of 5 shill: 2d
of. Auld, extent, of Barbour Over with, the pertinents
extending yearly, the year comptit, to - - 8 shill: 1 06.
To John, Gib in, Auchmilling, of 6 shill: 8d land, of
Auchmilling of auld, extent, Extending yearly the year-
comptit, to - - 10 shill: 2d
To Richard, Walker of 8 shill: 8d land, of Auld,
extent, of Wether Barbour, extending yearly the year
comptit to - - 12 sh: 1 06
To John, Law of 7 shill. 6d land, of auld extent, of
Dalsanguen, Extending yearly the year comptit, to -
To To John, Gib of 6 shill: 8d land, of Auchmilling
of auld extent, extending yearly the year comptit -
To To Agnes Drips of 7 shill: 6d land, of Wether
Hoillhouse of auld, extent, Extending yearly the year
comptit to 11 sh: 2d
To William, Campbell, brother german, to Mungo
Campbell, of Compauldshaw of 15 shill: land, of Grenok
toun, Extending yearly 4 year comptit to - 23 sh: 4d.
To John Wallace of Hayinfurd, of ane merk
land, of Aulbuzne. Extending yearly the year
comptit, to - - 16 sh: 8d
To Robert Mitchell, of Logan, of 6 sh: 8d
Monkaird, Extending yearly the year comptit to
To John McGawin, in Hanch holm of 2 shill.
land, there, And, 20d land, of Welltoun, paying
18 sh: 6d - - - - - 18 sh. 6d 06.

Extracted from the Records in the Lower Parliament House on this day the
Seventeen preceding pages, By Mr Thomas Gibson, one of the principal Clerks of
Session, as having commission from the Lord Clerk Register to the effect,