Thursday, 29 April 2021

Old farm lease from 1757

 The Lease of Carston from the Earl of Glencairn

Lease of  Carston,  Ochiltree by  the  Earl of Glencairn to  Hugh Murray pt1



Pt2  



Pt 3  (  reverse of  page )  - the  lease is  on  both  sides  of  a  single   sheet of  paper ,but  needed overlapping  scans.



 


Transcription by Elaine Corbett and Ailsa McInnes

It is agreed and ended Betwixt the Right Honorable William Earle of Glencairn and Hugh Murray in Carstoun as follows That is to say the said Earle setts in Tack to the said Hugh Murray and his heirs all and hail the lands of Carston with house and yards and all pertinents presently possessed by himself lying in the parish of Ochiltree and Shire of Air and that for the tyme of Nineteen years from this after Martinmass One thousand Seven hundred and fifty seven years which is hereby Declared to be his entry therto with power to them during the said space to peaceably possess and labour the same with free entry to the sowing thereto and therefree without molestation which Tack above written the said Earle obliges him to warrant at all lands and against all deadly For which Tack the said Hugh Murray Obliges him his heirs Executors and Successors to pay to the said Earle his heirs Executors or assignes the sum of  ninety-three pounds and eighteen shillings Scots at Martinmass yearly beginning the first years payment therof at Martinmass Seventeen hundred and Fifty eight years for the year immediatly preceeding and soforth yearly thenceafter at the said Term during said Tack. With four Capons four hens and four Chickens and twelve loads of Coals leading at the accustomed terms or to pay one merk Scots for each Capon six Shillings Scots for each hen and three shillings Scots for each Chicken and three Shillings Scots for each load of Coals leading all in the Option of the Said Earle and to pay the whole Cess and other publick Burdon to  imposed on the said Lands During the said Space and to free and Relieve the Said Earle of the Same without getting any Allowance therof and to Grind his corn at Burnockmills and to pay multure and perform Service to the said Miller as useservant and to Answer to the Barron Courts of Ochiltree and obey the Acts therof and to uphold and leave the houses on the lands leased in sufficient Tenantable  Condition at his Removal and to plant his yard dykes with Barren timber and preserve the same the said Earle allwise of furnishing the said timber and the said Hugh Murray is to have ground for laying his fulzie on the year after his removeall or to be paid therfor in the Masters Option


At the sight of two honest men and the said Hugh Obliges him not to labour the ground beyond his full nor to keep any more sheep on the said lands for the winter than he does in the summer and in case lease the said Hugh shall incline to Inclose the said lands or any part thereof  at any time during the Tack the said Earle shall be obliged to allow the Expenses of Inclosing in the said Hugh his Rent or advance the sums the said Hugh being obliged on the said allowance or advancement to pay at the rate of Six percent for the same yearly and his Receipt thereof Shall be Sufficient for Ascertaining the extent of the said money allowed or advanced for inclosing and said Hugh shall be obliged to make the dykes Sufficiently tenable at the Sight of two Skilld men one whereof to be Chosen by each party and also shall be Obliged to preserve and take care of the hedges and plant trees in the hedgerows and prune and take care of the same the Earle furnishing young trees for planting and to leave the whole in good condition and Sufficientable feuseable at his removeall And the Said Hugh Shall be Obliged to Streak Merckes when required he Charging one of the Judges for Streighting the Same Also both partys Oblige them to perform the promises to Others under the penalty of Sixty pound Scots money to  Paid by the party failer to the party Observer Or willing to Observe at our performance Consenting to the Registeration here of in the Books of Counsel and Session or any Other Competent that all Diligence needful may hereon pass on Six days Charge and Constitute

In Witness whereof they have Subscribed these presents on this and the predeeding page of Stamped paper (Written by John Coleman School Master at Ochiltree) att Ochiltree the seventeen day of June  1700 and fifty six years before these witnesses William Cunningham of Auchenskeoch and Charles Dalrymple of Orangefield filler up of the date witnesses names and Designations

Wills Cunninghame witness
and
Cha Dalrymple witness

Glencairn
Hugh Murray


* Orangefield was at Monkton and  now  lies  under  the  airport. The  house was  modified into the first  control  tower  at  the  airport!


Another example



see also posts for High Carston and Burnton, New Cumnock