Sir James Bannatyne of Newhall

SIR JAMES BANNATYNE OF NEWHALL

Writer in Edinburgh; Commissary of Edinburgh; One of the Senators of the College of Justice under the title of Lord Newhall; formerly Master James Bannatyne of the Kirkton of Newtyle

Evidence from the National Records of Scotland

                   1

15 April 1573: Charter by John Touris of Inverleith, son and heir of umquhile George Towris of Inverleith, and superior of the subjects under mentioned, confirming the Charter by Katherine Falcoun and Robert Cunnynghame, her husband, granting to George Kincaid their half of the 3 Dalry-mylnis with pertinents, to be held 'a nobis' of the superior (RH6/2180); and the Charter by Issobel Falcoun with consent of James Kincaid, her husband, granting to said George Kincaid her half of said mills with pertinents, to be held 'a me' of the superior (RH6/2217). Witnesses: James Bannatyne, burgess of Edinburgh, George and Master James Bannatyne, his sons, Andrew Touris and James Bannatyne, yr, 'cum diversis aliis' Register House charters, 1st series, reference RH6/2271

                   2

21 June 1598: Contract between Robert Hepburne of Markill, on one part and James Hepburne, portioner of Nether Libertoun on the other part, wherby the said James, sells and dispones to the said Robert, heritably and irredeemably, all and haill his eight oxengate of land of the lands of Nether Libertoun, with the mill and mill lands of the same, thirled and astrict multures and sucken of all the lands of Nether Libertoun thirled to the said mill, in the 17th corn; of all corns growing on said lands, with the manor place etc. all which pertained before to the late Alexander Wardlaw of Kilbaberton and Henry Wardlaw his grandson, and were disponed to the said James Hepburne by the said Henry, reserving the liferent of Elizabeth Fairlie sometime spouse to the said Henry; with other clauses and provisions. Dated at Edinburgh. Witnesses, Mr James Bannatyne of Newtyll. Mr Robert Nairne of Banokburne etc. (Signatures) National Records of Scotland, reference GD122/2/33

                   3

18 December 1601: Letters of inhibition at the instance of James Bannatyne of Newtyle against Thomas Bannatyne, his brother germane, following on a contract between them, 1597 Aug 25, by which Thomas bound to pay James yearly a third part of the teinds of Vogrie. Endorsed as executed, 1602 Jan 5. National Records of Scotland, Legal papers concerning the teinds of the Prebendary of Vogrie, Midlothian, reference GD1/1120/3

                   4

August 1609: Tack by Patrick Bannatyne, deputy to the Justice Clerk, with various consents, including those of the Archbishop of St Andrews and of Lord Buccleuch, to James Bannatyne of Newtyle, one of the commissaries of Edinburgh, of the teinds of Vogrie, kindly held by his father and grandfather before him. Rubbed seal of signatories attached, St Andrews' also damaged. National Records of Scotland, Legal papers concerning the teinds of the Prebendary of Vogrie, Midlothian, reference GD1/1120/5

                   5

24 June 1617: Charter by which James VI, King of Scots, confirms that he has granted the church lands of Newtyle anew (de novo dedit) to Master James Bannatyne of Kirkton of Newtyle, one of the Commissaries of Edinburgh. Registrum Magni Sigilli Regum Scotorum. The Register of the Great Seal of Scotland, 1609-1620, charter number 1643 on pp. 594-5

                   6

21 December 1624: Letters of inhibition at instance of Mr James Bannatyne of Newhall against David Waus of Blans [Blance], son of umquhile John Waus of Lochline, for fulfilment of a contract dated 10 and 14 August 1621, whereby Waus is to obtain infeftment in lands of Humurcroce and dispone them to Bannatyne. National Records of Scotland, Papers of the Sinclair Family, Earls of Rosslyn, reference GD164/181

                   7

24 jULY 1629: Contract of Marriage in duplicate between Sir Alexander Murray of Blackbarony, kt, bart, with advice and consent of Dame Margaret Maule, Lady Blackbarony, his mother and also with consent of Sir Thomas Hope of Craighall, kt bart, advocate of our Sovereign Lord, Sir John Murray of Revilrig [Ravelrig], kt, his "honourable freinds" and curators on the one part and Helene Cockburn, eldest lawful daughter of umquhile Sir Richard Cockburn of Clerkington, kt, with consent of Dame Margaret Cockburn, Lady Clerkington, her mother and of Patrick Cockburn now of Clerkington, her brother german, likeways with consent of John Hoome [Hume] of Renton and John Sinclair of Stevinstoun [Stevenston], one of the baillies of Edinburgh. Witnesses: Sir Andro Hamilton of Redhouse [Reidhouse], kt, Mr Alexander Morison [Morrison] of Prestoun Grange [Prestongrange] and Mr. James Bannatyne of Newhall, three of the Senators of College of Justice, Sir John Hamilton of Magdalen, kt, Clerk of Register, Mr Alexander Ramsay "ane of the ordinar Ministers of Edinburgh" and Patrick Murray, Commendator of Inchaffray [Madderty pa., co. Perth]. [Refers to a Contract between William Maule, merchant burgess of Edinburgh and umquhile Bethia Guthrie his wife, and also to tack of part of the lands of Blackbarony granted by umquhile Sir Archibald Murray of Darnhall (Blackbarony's father) and umquhile Sir John Murray of Eddleston his grandfather]. National Records of Scotland, Papers of the Viscounts and Barons of Elibank, reference GD32/2/13

                   8

5 September 1629: Letters of Lawburrows taken by John Lord Hay of Yester that Mr. James Bannatyne of Newhall one of the Senators of the College of Justice, Mr. Thomas and John Bannatynes his sons, shall not molest the complainer in the occupation of the lands and Maynes of Newhall, Howden, Bangruge and Caldscheill alias Hemmercross in the parish of Bothanis, Constabulary of Haddington and shire of Edinburgh. ated at Edinburgh. Signetted 12th September 1629 (sgd) J. Kennnedy for Alexander Hay. Enclosed is a certificate signed by John Skene dated 5 September 1629 to the effect that surety and Lawburrows is found by Lord Yester that the said Mr. James Bannatyne and his family tenants and servants shall be harmless under the pain of 3000 merks. National Records of Scotland, Papers of the Marquis of Tweeddale (Yester), reference GD28/1349

                   9

5 September 1629: Letters of Lawburrows taken by John Lord Hay of Yester that Mr. James Bannatyne of Newhall one of the Senators of the College of Justice, Mr. Thomas and John Bannatynes his sons, shall not molest the complainer in the occupation of the lands and Maynes of Newhall, Howden, Bangruge and Caldscheill alias Hemmercross in the parish of Bothanis, Constabulary of Haddington and shire of Edinburgh. Dated at Edinburgh. Signetted 12th September 1629 (sgd) J. Kennnedy for Alexander Hay. Enclosed is a certificate signed by John Skene dated 5 September 1629 to the effect that surety and Lawburrows is found by Lord Yester that the said Mr. James Bannatyne and his family tenants and servants shall be harmless under the pain of 3000 merks. National Records of Scotland, Papers of the Marquis of Tweeddale (Yester), reference GD28/1349

                  10

14 September 1629: Certificates by Patrick Buchanan on behalf of John Hay of Yester against Mr. James Ballintyne. Certificate by Patrick Buchanan messenger and sheriff in that part that he received the oath of John Hay of Yester that he dread and fearit Mr. James Ballintyne of Newhall, one of the senators of the Council of Justice. Witnesses: Sir William Hay of [blank] his brother lawful and Mr. Alexander Hay his servitor. Certificate by the same messenger that he charged the said Mr. James Ballintyne to find caution and Landburrowis under pane of 1000 merks, that the said Lord Hay his family and servants shall not be molested. Witnesses: John Hay in Akesyd, James Duncanlaw porter in Bothanis. Certificate by same messenger that he openly charged the said Mr. James Ballintyne at the market cross of Haddington to find caution as above. Witnesses: Alexander Thomsone messenger in Haddingtoun and George Scheill chopman indweller there. National Records of Scotland, Papers of the Marquis of Tweeddale (Yester), reference GD28/1350

                  11

17 May 1639: Charter de me by Mr. John Dick, fiar of Braid, with consent of lady Nicolas Bruce, his spouse, to John Bannantyne, son of Sir James Bannatyne of Newhall, kt., and Marion Marioribanks, his spouse, of lands of Lewchie. National Records of Scotland, Papers of the Hamilton-Dalrymple Family of North Berwick, reference GD110/302

                  12

1643-46: Discharges by Dame Sibilla Cockburn, relict of Sir James Bannatyne of Newhall, Robert Williamson, burgess of Edinburgh, as assignee of Mr Thomas Bannatyne of NewhalI and Margaret Williamson to Andrew Robertson, writer in Edinburgh for house mail. (5 items). National Records of Scotland, Papers of the Henderson Family of Fordell, reference GD172/2170

Biographical Summary

"Son of [ - ] Bannatyne of Newtyle, was bred to the law, and appointed one of the Commissaries of Edinburgh. He was admitted as an Ordinary Lord on the 14th February 1626, and died before the 1st November 1636, when Patrick Nisbet, Lord Eastbank, was received in his place.

SOURCE: * An Historical Account of the Senators of the College of Justice: From Its Institution in MDXXXII; by George Brunton, David Haig; 1832; Page 275

ADDITIONAL REFERENCES

WIFE: "He is said to have had issue a daughter, Lilias, who married James Bannatyne of Newhall" (Genealogical notes anent some ancient Scottish families, page 72)