[1641/8/430]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of this present parliament, wnderstanding that the persones eftirnominat, viz: Patrike, erle of Tullibardine, David, maister of Madertie, David Grahame of Gorthie, Johne Oliphant of Bachiltoun, Johne Drummond, portioner of Belliclomie, Johne Grahame of Ballgoune, Laurence Oliphant of Gaske, William Blair of Williamstoun, Maister Patrike Murrey of Wodend, Johne Gray of Wellcrofte, Anna Hay, relict of umquhile Williame Murray of Abircairny, heritores, lyferenteres, conjunctfieres and owneres of the landis adjacent to the Pow of Inchchafray one both the sydis therof betuixt the west end of the Rid Moss and the fuird of Dullarie, considdering that ther landis adjacent to the said Pow within the boundis foirsaidis are oftymes overflowed with water, quhairby the cornes and grass groweing therwpoun are frequentlie distroyed, drowned and mad wnproffitable to them, and that this hurt and skaith might be preveened, at the leist maid muche les nor it is, if the said Pow and current therof were keeped cleene, cassine and dight be them, ther aires and successoures in ther severall possessiones in maner eftirspecified; therfor, and for diverse otheres causes and consideraciones moveing them, they be ther band and obligatione subscryved with ther handis of the dait the tuentie sext and tuentie nynt days of August and sext, nynt and ellevine dayes of September and second day of October respective, the yeere of God jM vjC fourtie ane yeeres, band and obleist them and there aires and successoures succeeding to them in the right of ther landis adjacent to the said Pow within the boundis abovespecifeid fra tyme to tyme in all tymecomeing that ilk ane of them foiranent and within the boundis abovespecified of ther owne severall landis adjacent to the said Pow within the boundis foirsaidis therof shall delve and dige avay the grasse and swaird groweing in the said Pow within the boundis foirsaidis, and cast the same Pow and current therof tuo elnes deepe and four elnes broad be west the Gellie burne and be eist the said burne three elnes bread, and thereftir of new red and dight the current of the said Pow, and keepe it cleene to the bread and deepe abovespecified, alse oft as need beis, and as they or ony of them or ther foirsaidis being remiss or negligent shall be desyred or requyred to doe the samene be the remanent of them or any of ther foirsaidis wnder the paines therinmentionat, as the samene, conteaneing certane declarationes therinspecified and with ane consent and desyre that ther be ane act of parliament past ratifieing the said band and obligatioun and ordeaneing the foirnamed persones subscryveres therof, and ther aires and successoures, alsweell generall successoures as singular successoures succeeding to them in the right of the saidis landis, to observe and fullfill the samene band and obligatioun in all poyntes, efter the forme and tennour therof, ilke ane of them to otheres in tymecomeing perpetuallie, in maner abovespecifit, of the dait foirsaid, registrat in the bookes of counsell and sessioune wpoun the fyfte day of November jM vjC fourtie ane yeeres foirsaid at lenth beeres. Therfore our said soverane lord, with advyse and consent of the estates of parliament, be thir presentes, ratifies and approves the foirsaid band and obligatione of the dait abovewrittin and registrat as said is, in all poyntes and clauss therin conteant, and declaires this present ratificatione therof to be alse sufficient in all respectes as if the samene wer at lenth and word be word ingrossit heerin, dispensand be thir presentes with the not inserting therof, and statutes and ordeanes the foirnamed persones, granteres and subscryveres of the said band and obligatione and ther aires and successoures, alsweell generall successoures as singulare successoures succeeding to them in the right of ther saidis landis, to observe and fullfill the samene band and obligatione in all poyntes, eftir the forme and tenour therof, ilke ane of them to otheres perpetuallie in all tymecomeing.