Volume 1 - Electric Scotland

CCXXviii JAMES, EARL OF ANXANDALE AXD IIARTFELL, 1653-1G72.
the end of the resignation, on 19th June, James llvown, niacer, made the
resignation in the hands of Judge Mosley, president of the exchei^^uer, before
six -witnesses, officials of exchequer, and others not named. The minute of
resignation is attested by two notaries-public.^
The intention of the Earl of Hartfell to divert the succession to his
peerages and estates so as to include his heirs-female after the heirs-male of
his body is very clear from the entail of 1655 and the entail and resignation
of 1657. But it receives further attestation in other deeds of settk-ment
which his lordship also made about tliis time. One of these is a general
assignation in favour of the lieirs-male of his body ; whom
failing, his eldest
heir-female, without division, and the heirs of her body ; whom failing, his
heirs of entail and provision, of all bonds, heritable or moveable, to which he
had right, and to all debts and sums of money that might be owing to him at
his death.- Auotlier of the deeds referred to is that of a bond of provision by
the earl to Lady Margaret Johnstone, his second daughter, for an annual
rent out of his lands, which was to be held of him, his heirs-male, and of
entail, mentioned in a bond of entail.'
The bond, disposition, and entail by the earl in favour of his countess
and their children in 1055, obliging himself to infeft the former in the lands
of Newbie, the earl now followed with a bond of provision in her favour,
whereby he provides her in liferent in the lauds of the .i\Iains of Kewbie
and others in place of the lands of Woodeud and others provided to her by
her marriage-contract. The bond contains a procuratory of resignation.*
These several deeds, including the entail and resignation of 14th ifay 1G5",
M'ere all written by ilr. William Syme, advocate, and attested by him and
other two witnesses. They are also all subscribed by the earl, but, unlike the
entail and resignation, the other deeds are without date, although the bond
of provision to Lady ^largaret has written at the foot of it the date 14th May
' Anu.iudale Pner.ige Miuutes of KviJcnoe, ISTO, i>. 274.
" Ibitl. 1S77, p. 5S0. 3 ii;,i_ j,j,. 5So-5S4. ^ Hud. pp. uSl-oS3.