[1646/11/459]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now conveened in this sext session of the first trienniall parliament, taking to consideration that during the tyme of the late troubles Archbald, marques of Argyle, amongst his manie uther heavie and greiveous loisses and sufferingis, hes been, by reasone of George Gordoun, sometyme marques of Huntlie, his joyneing with the rebells and enemies of this kingdome, impeadit and debarrit from the posession of the landis and lordschip of Badyeanoche, Lochaber and uthers somtyme perteining to the said George Gordoun, sumtyme marques of Huntlie and wodset be him to the said Archbald, marques of Argyle for certane sowmes of money adebted to him be the said late marques of Huntlie and for releife of certane cautionries quherin the said Archbald, marques of Argyle and David, erle of Southesk stood obleist as cautioners for the said late marques of Huntlie and for umquhile George, marques of Huntlie, his father; and alse that the said Archbald, marques of Argyle hes bene debarred fra the benefite that might have redounded to him be the gift granted to him be the kingis majestie of the lyverent eschete of the said George, late marques of Huntlie and declarator following therupon, therfore the saids estates of parliament doe heirby statute, ordane and declare that the decreit and sentence of forfaltor given and pronuncit aganis the said George, late marques of Huntlie, nor no act or dead alreadie past or done or heireftir to be past or done be the estates of parliament or be thair committies or be ony haveing power and warrand from them or anie of them in favors of the said George, late marques of Huntlie or his airs, sall nowayis be hurtfull or prejudiciall to the saidis Archbald, marques of Argyle and David, erle of Southesk or either of them, ther airs or assigneyis anent ther richt to quhatsomevir landis, lordschippis, barronies, mylnes, woods, fishingis, teindis and uthers quherunto they or either of them have richt, either be disposition or infeftment or as donator to the said late marques of Huntlie, his lyverent eschete or be ony uther maner of way, nor to ther posession therof and uplifting of the maills, fermes, proffeittis and dewteis of the samen of ony yeirs or termes bygane or to come, nor to anie action or persute competent or that may be competent to the saids Archbald, marques of Argyle and David, erle of Southesk or either of them or ther foresaids upon ther laufull richtis and titles aganis the said George, late marques of Huntlie or aganis his airs or executors (if ony he sall happine to have) for the posession of the landis and uthers foresaids, or for the maills and dewteis therof of ony yeirs or termes bygane or to come, or for releife or payment of ony sowmes of money adebted be the said late marques of Huntlie or his umquhile father to the saids marques of Argyle and erle of Southesk or either of them, or for the quhilks they or either of them ar or wer obleist for the said late marques of Huntlie or his said umquhile father or either of them. Bot that the benefite of the said decreit and sentence of forfaltor given and pronuncit aganis the said George, late marques of Huntlie and of the landis, lordschippis, barronies, mylnes, woodis, fishingis, teindis and uthers perteining to him salbe lyable to the saidis Archbald, marques of Argyle and David, erle of Southesk and either of them for ther awne pairtis respective, ther airs and assigneys for payment to them of the haill maills, fermes, proffeitis and dewteis of all landis and uthers quherunto they or either of them have richt, either be disposition or infeftment or as donatour to the said late marques of Huntlie, his lyverent eschete or utherwayis; and that of all yeirs and termes, baithe bygane and to come, sua lang as they have bene or salbe hindered or impeded in the peaceable posession of the saids landis and uthers or in the uplifting of the maillis and dewteis of the samen, conforme to ther richtis therof; and for releife and payment to them of all debtis and sowmes of money adebted to them or either of them or for the quhilk they wer or ar obleist as cautioners for the late marques of Huntlie or his umquhile father as said is. And the saidis estates, considering that the saids marques of Argyle and erle of Southesk throw ther being debarred fra the uplifting of the rentis and dewteis of the saids landis and lordschip of Badyenoche and Lochaber be the rebellion, dead or occasion of the late marques of Huntlie doe not onlie want the anuelrents of the sowmes dew be him to themselfis these thrie yeirs bypast, bot also doe underly and pay anuelrentis for the sowmes quherin they stand cautioners for him and for his umquhile father out of ther awne meanis; and it being most just and agrieable to ressone that the foresaids landis quherin they stand infeft for ther securitie of payment and releife sould be affected with the saids annuelrentis during the tyme of ther wanting posession therof, thairfore the estates of parliament doe heirby declare that all annuelrentis, alsewell of the sowmes dew to the marques of Argyle and erle of Southesk or ony of them be the late marques of Huntlie or his umquhile father, as of the sowmes quherin they or ony of them standis obleist as cautioners for the said late marques of Huntlie or his said umquhile father, alsewell of all yeirs and termes bygane sen the tyme of the late marques of Huntlie, his rebellion, (quhilk was in the moneth of [...] jM vjC fourtie four yeirs) and intymcomeing ay and quhill the said marques of Argyle and erle of Southesk be agane repossest in the lands abonewrittin, salbe eiked to the principall sowmes awand to them and quherin they stand cautioners as said is and contenit in ther securitie and infeftment of releife and that they sall have anuelrent arysing therfore fra the termes at whiche they want or payis out the same, and that the saids landis and lordschip of Badyenoche and Lochaber sall not be redeimable fra the marques of Argyle and erle of Southesk be payment of the principall sowmes and uthers contenit in ther securitie and infeftment of releife untill the tyme that the saids haill anuelrents eikit therto as said is and anuelrents therof be fullie and compleitlie satisfied and payed therwith.