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B02751
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Double of the contract betwixt the Lord Cochran, &c. and the town of Pasley.
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1700
(1700)
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Wing D1955D; ESTC R176422
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9,079
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10
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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 above-specified and to the saids Feu-duties of old addedbted and due to the said Abbot 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 al 's 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 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 up-give 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 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 Up-give 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 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