60 dies parliamenti
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Prayeris said, rollis called.
The estates of parliament, haveing heard and considdered the reporte of the committee of 33 concerneing the supplicatioun of the merchandis, tradismen and burgesses of the toune of Glasgow, representing the body of that toune, given in for thame to the parliament, desyreing that they may injoy ther friedome and priviledge of electioune of thair magistrattis, and that these, thair magistrattis wha sould have had the electioune at Michelmes 1645 and were put frome it, may be presentlie put in and continew magistrattis till Michelmes nixt and than have the electioune at Michelmes nixt for the nixt ensewing yeere, as the supplicatioun and reporte foirsaid beiris at mair lenth. Whilk reporte also beires that the provest and baillies of Glasgow and sundrie utheris wha are cited be the foirsaid supplicatioun, being called befoir the said committee and compeiring, declaired they had nothing to say why the desyre of the bill sould not be granted, bot that they were put in ther offices be the parliament and that it concernit the parliament to look to it. The saidis estates, efter consideratioune of the foirsaid supplicatioune and desyre therof and haill mater, baith anent the present magistrattis and councell of Glasgow and uthers office beareris therintill and ther dissobedience to the commandis of the parliament anent the present levie, and these magistrattis and councell of Glasgow that were put out fra ther offices in anno 1645, and anent baith ther cariages respective, and, efter full debate and voyceing theranent, discharges all such of the present magistrattis and councell of the toune of Glasgow and uther office beareris therintill wha did refuse to give obedience to the actis of parliament off ther places in bearing office as magistrattis and councellors of the toune of Glasgow or any uther office therin, and declaires the places of these wha did refuis as said is voyd; and ordaines the old magistrattis and councell of the toune of Glasgow wha were in chairge in anno 1645, with such of the present magistrattis and councell of that toune wha gave or were willing to give obedience to the actis of parliament, to mak ane new frie electioune of magistrattis, councell and uther office beareris for that toune. And for this effect ordaines thame to meit ther upone Weddinsday nixt, the 14th of this instant, for making choyse of the magistrattis, councell and uther office beareris of the said toune of Glasgow, but prejudice to the duke of Lennox of his right of electioune of the provest of the said burgh, as also but prejudice to the toune of Glasgow of ther friedome and liberties unprejudged heirby. And als the estates of parliament be thir presentis releases and dismisses all these magistrattis and councellors of the toune of Glasgow with Mr Johne Spreull, toune clerk, wha were incarcerate in the tolbuith of Edinburgh and thereftir confyned in the toune of Edinburgh and portis therof by warrand of the parliament and ther committees respective frome ther imprisonment and confynement foresaid, and doe heirby liberate and declaire them frie therof to repaire home to ther owne houses and dwellingis for doeing of ther lawfull effaires and bussines, and anent the quhilks premises the estates declaires thir presentis sall be ane sufficient warrand.
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The estates of parliament, taking to ther serious consideratioun the hinderance that is maid to the present levie and expeditioune by the runing away of the heretors, vassells, tennentis and ther servandis respective furth of the severall paroshes, burghis and schyres of the kingdome whair they have ther being or remaneing, and by the scheltering and resetting of thame in uther pairtis, burghis and schyres therof, they, for remeid heirof, renewis, revives and ratifies the actis of parliament formerlie maid against runawayes and ther resetteris and against these deficient in puting out of ther men, horse and foote for the publict service, viz: the 2 act maid in the first sessioune of the first trienniall parliament of the 14 Junii 1644 anent these who are or sall be fund fugitives and runawayes frome ther companyes and cullors, with the act of the 25 of Junii 1644 maid in that same sessioune of parliament for puting out of horse and foote and anent these deficient therintill; item, the 3 act maid in the 2 sessioune of the first trienniall parliament of the 24 of Januar 1645 anent deficientis and runawayes, with the 2 act maid in the 5 sessioune of the said trienniall parliament of the 18 December 1645 against the recepteris of runawayes; item, the 19 act maid in the 6 sessioune of the first trienniall parliament of the 25 Februar 1647 againes runawayes and ther recepteris, with the 26 act of the same sessioune of parliament of the 15 Merch 1647 also maid against runawayes and ther recepteris; and ordaines the samyne actis respective abonewrittin, with the severall certificatiounes and penalties therincontenit, to stand in full force and to be put to executioun, conforme to the tennoris therof againes these deficient and wha are runawayes and fugitives fra ther parishes, burghis and shires to the hinderance of this present levie and expeditioune, and declaires the severall penalties and certificatiounes respective to be by and attor the outputting of horse and men, conforme to the actes maid for that effect, with this farder additioune: that all these heretors, vassellis, rentalleris, takismen and tennentis wha sall flie and run out of the severall paroshes, burghis [and shyres where they have their being, residence and remaining shall by their flying and running out thereof to any other parishes, burghs]† or shyires of the kingdome in prejudice and hinderance of this present levie in these paroshes, burghis and shyres respective whair they have ther remaneing as said is amitt, tyne and loss ipso facto ther fewis, takis, rentallis and uthers rightis they have maid and pertening to thame or to ther predicessors to whome they may succeid of any lands, tenementis, houses and uthers in the saids paroshes, burghis and schyres out of the quhilk they flie and runes away in prejudice foirsaid, by and attor the incurring and peyment respective of the certificatiounes and penalties contenit in the foirsaidis former actis now heirby renewed and ratified. And with this additioune also: that if any wha are or sall be designed to goe out in this expeditioune sall flie fra the schyres, paroshes or burghis whair they are designit and sall not returne within 24 hours efter the proclamatioun heirof at the said burgh of that shire quhair they are designit (or within fyve dayes being in remoter shyres) [they] sall be hanged to death. And ordaines publict proclamatioun to be maid heirof at the mercate croces of the heid burghis of the kingdome and at the kirk doores of the severall paroshes therof, that nane pretend ignorance of the samyne.
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The estates of parliament now conveened, considdering how necessarie it is to establish ther union in the preservatioune and mantenance of religion, lawes and liberties of this kingdome and of his maties authoritie, and to prevent all factiones, contentiones and divisiounes which may arryse in prejudice therof frome malicious suggestiounes and misinformatiounes of ther adversaries, doe heirby testifie and declaire thaire resolutioune and obligatioune to acknawledge this present parliament to have bene and to be a frie and lawfull parliament. Lykas they bind and obleidge themeselves upone ther honors and credite, and as they desyre to be, and to be holden true loveris of ther countrey and of the religion, lawes and liberties therof efauldlie and faithfullie to the uttermost of ther power, to joyne and concurr with ther persones and estates, everie ane according to thair severall stationes and callinges, in the mantenance of the friedome and laufulnes of this foirsaid parliament, and in the advancement, furtherance and assistance of the executioun, obedience and observatioune of the actis and constitutiounes therof as the most fitt and necessarie remedies of the bygane and present evillis and distractiones of this kirk and kingdome, and for the preservatioune of religion, lawes and liberties therof, and of his maties authoritie; and have ordained and ordaines this present act to be subscryved by all the memberis of parliament present and absent and by all noblemen, barrones, burgesses and all uther subjectis and inhabitantis of the kingdome in thair shires and burrowes as they sall be directed by the commissioneris of parliament left at Edinburgh and to be reported to the clerk betuixt and the first day of August nixtocome, with certificatioun to suche as refuise or postpone and delay to subscryve the samyne, [that they] sall be holden as enemies and opposites to the commoune caus, consisting in the mantenance of the trew reformed religione and of the lawis and liberties of this kingdome and his maties authoritie.
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The estates of parliament, haveing tane into consideratioune the severall petitiones presented to thame frome the committees of warr of some shires for delayeing the present levyes untill satisfactioune be given to the desyres of the ministeris, do returne this anser:
That as to the desyres of the ministeris (tho many of thame are absolutelie civill), yit they have (besydes ther former ansers) of new returned to thame that which ought to satisfie.
Wee have againe seriouslie weighed our dangeris as to religion, his maties sacred persone and posteritie and the saifety of this kingdome, and finding thame daylie growing wee sould betray the trust layd on ws if wee sould not mak use of the power God hes put in our handis and goe activelie about our dewties in relatioune therto. Thairfore whosoever obstructis this present levie, wee cannot bot look upone thame as malignantis and will proceed against thame accordinglie. And wee doe therfore requyre yow (as yow will anser at your hiest perrellis) to goe activelie about the trustis layd upone yow for putting out the foote and horse within your schire according to former ordors of parliament and as yow sall be requyred be the committee of estates. And wee doe assure yow (whatsoever yow may heare to the contrarie) that wee have nothing befoir our eyes in this present undertaking bot the preservatioune and good of religioune and the endeavouring and the setling of it in England and Ireland, according to the covenant in the first place, and befoir all worldlie respectis, his maties rescue frome his base imprisonment, his reestablishment upone his throne in all his just poweris, the saifety of this kingdome frome dangeris on all handis, and the preservatioune of the union and brotherly correspondence betuixt the kingdomes under the government of his matie and of his royall posteritie according to the covenant.
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The estates of parliament, finding by the petitiones presented to thame by the severall synodis and presbytries that ther present proceedingis for the good of religion, his maties rescue and saifety and the true peace of these kingdomes is much misconstrued and misunderstood, they have thought fitt to declaire for the satisfactioune of all suche as are satisfieable that in ther undertakinges at this tyme they sall preferr no earthlie consideratioune to their dewties for preserveing religion in Scotland in doctrine, worship, discipline and government as it is alreddie established and for endeavouring to setle [it] in England and Ireland according to the covenant. And as wee cannot with saifety to our consciences and honors live and suffer our king to continew in his base imprisonment, so our undertaking for him sall ever be subordinat to religion and to our dewties to God. And in the persewance of these endis, as wee sall imploy nane in our armie bot such as have signed the Solemn League and Covenant and such againest whome ther is no just caus of exceptioune, so wee sall associat with none bot such as will ingadge themselves to be faithfull to the endis of the covenant. And our undertaking sall not be in anywayes against the kingdome of England or to break the uneon betweene the two nationes, bot only for reformatioun and defence of religion, the honour and happines of the king and his royall posteritie and the peace and saifety of these kingdomes against such who have destroyed religion and imprisoned our king. And certanelie when they have brought ther intendit confusioune in England to pas both in church and staite, wee cannot hope for saifety [here] whatsoever ther professioune may now be. Thairfore wee are resolved to proceid in this levie in a vigorous doeing of our dewteis, and wee doe expect frome yow and all his maties good subjectis a ready obedience to the commandis of the parliament and committee of estates in persewance therof. And the estates of parliament remittis to the committee of estates to give furth ane more full declaratioun of the great endeavors the parliament hes used and still resolves sall be used to satisfie the desyres of the commissioners of the generall assemblie and to anser ther paper given in this day to the parliament. And ordaines this act to be printed and published and sent be the committee of estates to the severall presbytries.
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The estates of parliament, haveing taken to consideratioune that some difficultie hes occurred in the prosecutioune of his maties royall intentioune of changeing of waird holdinges in few for the weill of his subjectis, conforme to the twa commissiounes granted be his matie theranent, both ratified in parliament in Januar 1647, and that the said difficultie hes rysen upone that ground that dyverse of his maties subjectis, holding landis of his matie or of the prince waird or few cum maritagio, holdis also uther landis of uther superiors waird, wha, whilst ther vassellis held landis waird or few cum maritagio of his matie or of the prince, could pretend no right to the marriage of their vassellis air when the samyn fell, bot now the wairding holding of his matie or of the prince being changed in few and compositioune and ane yeerlie few dewtie being granted to his matie or the prince for the said waird and mariage, the uther superiors of the said vassellis of whome he holdis waird may contend for the benefeit of the casualitie of the maritage of his vassellis air quhen the samyne fallis out, he being the vassellis eldest superior of whome he holdis waird, whilk wes griveous to the vassell who be this new course of changeing of his holding hes componed both for waird and maritage. Thairfore it is statute and ordained that all vassellis holding waird of his matie or of the prince or holding few cum maritagio who sall heir compone and agree with the commissioneris appoynted be his matie for that effect for changeing of ther holdingis frome waird to few or for renunciatioune of the maritage contenit in ther few infeftmentis, thair aires and successouris in the saidis landis sall be frie of the maritage that can be acclamed be ther uther superiors of landis holden be thame of thair saidis uther superiors waird, and that their saidis uther superiors sall have no right to the maritage of ther aires when the samyne fallis out, no more then they wald have had if the landis holden waird of his matie or of the prince had continewed still waird, bot that the saidis vassellis whose holding sall be changed or who sall compone for ther maritage as said is, thair aires and successors sall bruik ther landis in all tyme thereftir frie of any such burding of maritage. Provyding alwayes, lykas the estates of parliament provydis and declaires, iff the foirsaidis vassellis whose holdings sall be changed as said is and who sall compone for the renunciatioun of the maritage contenit in ther few infeftmentis or ther aires or successors in the saidis landis which once held waird or few cum maritagio sall annnalie and dispone the saidis landis to any uther persone, that then and in that caice the annalier or his aires sall no longer have the benefeit of this present act, bot that notwithstanding of this act, iff they hold any landis waird of any uther superior, that thair superior sall bruke all the benefeit of his superioritie as if this present act had never bene maid. And siclyke the estats of parliament, for the great furtherance of his maties leidges in the way of the changeing of the tennors of the saids waird holdingis or renunceing of the maritage contenit in thair saids few infeftments, ordaines signators to be past to the leidges be the exchekquher on the recommendatioune of the saidis commissioneris of the wairdlandis in ther favouris upone the leidges, ther resignatiounes, for new infeftmentis to be granted to thame bearing the new maner of few holding or bearing the renunciatioun of the said maritage contenit in ther old infeftmentis, as sall be ordained be the saidis commissioneris of the waird landis.
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The estates of parliament, being necessitate to undertake some necessarie dewties for the good of religion, the honor and authoritie of our king and peace of this kingdome, and haveing for the satisfactioune of all his maties good subjectis emitted a declaratioune contening the groundis of the[ir] present resolutiounes and expecting ane humble obedience and heartie concurrance of all his maties good subjectis, especiallie of the ministrie to thir ther pious and loyall undertakinges, yitt they find that contrarie to diverse standing lawis and actis of parliament some of thame are so farr frome giveing obedience therunto that they both in ther sermons inveigh against it and in ther private discourses and utherwayes laboure so farr as is in ther power to stirr up the people to ane open oppositioune against the authoritie and proceedinges of parliament. Nather doe they meet with this obstructioune by particular ministeris, bot also even in these who are now intrusted in the commissioune of the generall assemblie, as will appeare by thair act of the 5th of Junii instant, wherby they doe recommend to the presbytries that if any ministers be found who doe not declaire themselves againes the present ingadgment nor joyne with ther brethrene in the comoune resolutiounes against it nor give publict informatioun to the people of the unlawfulnes therof, they may be referred to the nixt generall assemblie; and if any of thame have alreddie declaired thameselves for it, that they be presentlie censured. Wherby the estates findis that, to the great scandell of reformed religion and presbyteriall government, they doe not only lay a heavie yock on the consciences of ther brethrene, who in conscience of ther dewtie find themselves obleidged to give obedience to the lawes of the kingdome, bot also usurpe a power upone thameselves to be judges of the lawes and of the proceedingis of parliament, who be the fundamentall lawis of the kingdome have in thame the only legislative power, namelie in publict ingadgmentis concerning peace or warr. Thairfore the estates of parliament have thought fitt to requyre and doe heirby requyre all the ministeris within this kingdome, by ther preaching and utherwayes, to exhorte and stirr up ther people to a cheerfull obedience of the lawes of the kingdome, assureing thame heirby that the parliament will (notwithstanding of any proceedings against thame for the samyne by ther authoritie) secure and protect. Lykas the parliament dothe heirby secure to thame during ther lyfetymes ther stipendis, manses, gleibis and houses, and requyres and ordaines all heretors and uthers lyable to the peyment of ther stipendis to continew to pey the same as formerlie to all such as sall give obedience heirunto, and ordaines letters to be direct heirupone chairgeing the heretors for the effect foirsaid.
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The whilk day James, erle of Home, Alexander, lord Halkertoune, Sir Andro Fletcher of Innerpeffer, Sir James Lokhart of Lea and Sir Alexander Wedderburne, judges constitute be the parliament for determineing the mater concerneing the clerkschip of the excyse contravertit betuixt Sir Alexander Gibsone of Durie, clerk register, and James Campbell, produced the decreit given and subscribed be thame theranent and desyred the samyne to be insert and registrat in the buiks of parliament, and to have the strenth and authoritie of ane decreit of parliament interponit therto, whilk the parliament fand reassonable and admitted, quherof the tennor followes: At Edinburgh, the tent day of Junii 1648. Forasmuch as the estates of parliament be thair commissioune of the 8 of Junii instant have given power to the erle of Home, the Lord Halkertoune, Sir Andro Fletcher of Innerpeffer, Sir James Lokhart of Lea, Sir Alexander Wedderburne and Archbald Sydserff to heare and determine the differences betuixt Sir Alexander Gibsone of Durie and James Campbell, wryttar, anent the right acclamed be ather of thame to the clerkschip of excyse, giftis granted therof and objectiounes maid against the same and anser in fortificatioune of the saidis giftis, and hes maid thame or ony foure of thame judges in that pairt, declareing the decreit to be given be thame to be als valide as if the samyne were given be the parliament, as in the said commissioun at mair lenth is contenit; and the persones named to be commissioneris afoirsaid (at leist a quorum therof) haveing mett and accepted the said commissioune upone thame and haveing given ther oathes de fideli administratione, and haveing called and heard the said lord registere and James Campbell upone this bussines, and haveing also seene a deputatioune granted be the lord register to the said James Campbell of the last of Julii 1644 nominating the said James to be clerk to the excyse and to the commission then appoynted theranent, and giveing to him the said place for all the dayes of his lyfetyme (at leist during the tyme of that commissioune and the endureance of the said excyse), and haveing seene another deputatioun of the sixt of Februar 1646 ratifieing the former, and since a new commissioune wes given for fynes, moneyis and excyse all in one and for clearing the said James, his chairge in that commissioune, of new nominating the said James to be clerk to the excyse dureing his lyfetyme, and haveing considdered what was contenit in thair commissioune, and at lenth heard both perties on the haill bussines and being weell advysed therin, the saidis commissioneris doe find and declaire that the twa deputatiounes afoirsaid given be the lord register to the said James Campbell to be clerk to the excyse and either of thame to be now voyd and null notwithstanding of any clauses contenit therin, and that the place of the clerkschip of excyse is vaiccand in the lord registeris hands and that he hes right to nominat and depute whome he pleaseth therunto, and dischairge the said James Campbell to presume to medle any more therwith, and that the commissioneris of excyse ressave and admitt to be clerk to the commissioune of excyse any persone or persones to be of new named and presented therto be the lord registere, and ordaines the saids twa deputatiounes to be keept in retentis untill they give farder ordor theranent. And that this, ther decreit and sentence, be registrat in the buiks of parliament and have the strenth and authoritie of ane decreit of parliament, conforme to the power and commissioune given to thame theranent.
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The estates of parliament, haveing heard and considdered the supplicatioun of the provest, baillies, councell and communitie of the burgh of Perth, shewing that they had contracted debtis and great soumes of money pairtlie for peying of thair proportioune of the gilderis to the factors at Campheir for the ammonitioune furnished be thame to the publict and pairtlie for the continuall quarteringis of gariesones and regimentis passing and repassing frome the south to the north and pairtlie for peying sundrie soumes contracted be them in relatioune to the publict effaires of the kingdome as they were injoyned, and that albeit ther be great soumes of money restand to thame be the publict (whereof no pairt can be expectit at this present), the supplicantis in the behalff of the burgh were constrained to give ther owne personall securitie to ther creditors for payment of thair severall debtis, who are now urgeing to distress the supplicantis for ther soumes; and that the supplicantis, haveing conveened the haill commountie and representative body of the burgh in commoune councell, and haveing considdered upone the meanes of the peyment and releefe of the saidis debtis, they could not find nor know any uther way at this present for ther releefe and peyment except they sould sett ane tak for the space of nyntene yeeres of ther mylnes, fischinges, mure and inches whilk will disburding thame and the burgh of ane considerable pairt of ther debt, whilk tak cannot warrantablie be sett be thame without warrand and approbatioun of parliament; and thairfore desyreing the parliament to take these premises to ther serious consideratioune and to grant warrand and act of parliament to thame for dispenseing with and authorizeing of the said tak and assedatioun to be sett be thame, as the supplicatioun in the selff beires. The saidis estates of parliament findis the desyre of the foirsaid supplicatioun just and reassonable, and thairfore they doe heirby dispense with and give warrand to the supplicantis to sett the foirsaid tak and assedatioune of thair saids mylnes, fischingis, mure and inches during the said space of nyntene yeeres for defrayeing of ane pairt of ther debtis and ingadgmentis afoirsaid, whilk tak swa to be sett be thame for the space and to the effect abonementionat the saidis estates approves, allowes and authorizes, whairanent they declaire thir presents sall be ane sufficient warrand.
[1648/3/225]*[print] [email] [cite] [preceding] [following]
The estates of parliament ratifies and approves ane chartour and infeftment, with the new gift therincontenit, precept and instrument of seasing following therupone, given and granted be his matie, with advyse and consent of his hienes thesaurers principall and depute and remanent lordis of his maties exchekquer, under his hienes great seall of the daite at Edinburgh, the last day of Merche 1647 yeeres to and in favors of Lodovick, now designit Sir Lodovick Gordoune, eldest laufull sone to Sir Robert Gordoune of that ilk, knight barronet, and Dame Elizabeth Farquhar, his spous, the langest liver of thame twa in conjunctfie and to the aires maill lauchfullie gotten or to be gotten betuixt thame, whilkis failzeing, to the aires maill lauchfullie to be gotten of the said Sir Lodovick Gordoune, his bodie, whilks also failzeing, to the aires maill of the said Sir Lodovick Gordoune quhatsumever, of all and sundrie the landis of Meikledrany, with the maner place, houses, biggingis, yairds, orcheardis, medowes, pasturages useit and wont and thair pertinentis, off all and haill the landis of Ardonat, Muretoune and Quhytley, with the pertinentis of the samyne, Overailehous of Kynnedor, Nether Ailehous of Kynnedor callit Kilcreuk, and twa aikeris of land of Kynnedor, off all and haill the landis of Salterhill utherwayes callit Litledrany, with all and sundrie pairtis, pendicles and pertinentis of the samyne, togither with the ferrie boat and loche of Spynie, with priviledges, liberties, proffeittis and dewties therof, and with all and sundrie maner places, houses, bigginges, yairds, orcheardis, outsettis, insettis, toftis, croftis, medowis, mylnes, wodis, fischinges, annexis, connexis, dependences, pairtis, pendicles and pertinentis of the haill foirsaidis landis and utheris respective abonewrittin belonging therto, all lyand within the barronie of Kynnedor, regalitie of Spynie and shirefdome of Elgine and Forres; and als of all and haill the toune and landis of Bellorme, with houses, bigginges, yairds, toftis, croftis, mylnes, multors, dowis, dowcattis, annexis, connexis, outsettis, pairtis, pendicles and pertinentis therof quhatsomever, lyand within the said shirefdome of Elgine and Forres, and siclyke given and granted to the said Sir Lodovick Gordoune, his aires maill and [of] tailzie respective foirsaidis; all and haill the landis and baronie of Gordounestoune, sumtyme callit the baronie of Ogstoune, and plewlandis, with the wind and watermylnes therof, suckin, knaifschippis and sequellis of the samyne and with the pendicle of the saids landis callit Cowssie, togither also with the fischinges and priviledge of the porte therof useit and wont belonging therto, with toures, fortalices, maner places, houses, bigginges, yairds, orcheardis, medowis, dowis, dowcattis, parks, mosses, mures, mylnes, mylnelandis, toftis, crofts, outsettis, boattis, fischinges, annexis, connexis, tennentis, tennendries, service of frie tennentis, priviledges and pertinentis of the samyne, togither also with the priviledges of faires and mercattis at the kirk of Ogistoune with tollis, customes dewties and comodities therof according to the rightis, old use and custome of the samyne, lyand within the shirefdome of Elgine and Forres as principall; and als of all and sundrie the landis and uthers underwrittin, viz: of the toure, fortalice, maner place, orcheards, yairdis and maynes of Balveny, davach of Lettich, mylne, mylnetoune, mylnelandis and multors of Balveny and Tulloch, davach of Balthrome, davach of Bellihaiks and Argathin, tounes and landis of Nethercluny and Parkmoir, with all and sundrie maner places, houses, bigginges, yairds, orcheardis, outsettis, insettis, toftis, croftis, pairtis, pendicles and pertinentis of the samyne, lyand within the lordship of Balveny and shirefdome of Banff, quhilks are worth and extendis yeerlie to fourtie chalderis victuall by the customes, teynds and services and that in speciall warrandice and securitie of all and haill the foirsaidis landis and baronie of Gordounestoune comprehending as said is; and lykwayes of all and haill the landis of Newtoune and Newfoundlands and ailehous therof with the fisching callit Newtouneheaven, utherwayes Ernehill, and pertinentis of the samyne useit and wont, and of all and haill the landis of Eccles with the fisching callit Cowssie and pertinentis therof, all lyand within the said barronie of Kynnedor, regallitie of Spynie and shirefdome of Elgine and Forres foirsaid, in all and sundrie heids, articles, clauses, conditiounes and circumstances contenit in the said chartor and infeftment, precept and instrument of seasing following therupone. And the saidis estates of parliament willis and declaires that this present act of ratificatioun and generallitie therof is and sall be of als great availl, force, strenth and effect to the said Sir Lodovik Gordoune and Dame Elizabeth Farquhar, his spous, and thair foirsaidis for bruiking, joyseing and possessing of the haill foirsaidis landis, baronie, mylnes, mylnelands, multors, manerplaces, houses, bigginges, yairds, orcheards and uthers particularlie and generallie abonexprest, with thair pertinentis, as if the said chartor and infeftment, precept and instrument of seasing following therupone were word be word ingrossit and sett doune heirintill, whairanent, and with all uthers objectiounes that may be proponit or alledgit againes the validitie of the foirsaid chartor and infeftment, precept and instrument of seasing following thairupone or this present ratificatioun and approbatioune therof, the saids estates of parliament have dispensit and be thir presentis dispenses for ever.
[1648/3/226]*[print] [email] [cite] [preceding] [following]
The estates of parliament ratifies and approves ane decreitt given and pronuncit be the commissioneris of parliament appoynted for valuatioune of teyndis and plantatioune of kirkis upone the 28 day of Julii 1647 yeeres, whereby they disjoyned and separate the parosche kirk and paroschine of Ogstoune frome the parosche kirk and paroschine of St Andrewis lyand within the paroschine of Elgine and uneit and annexit the samyne to the parosche kirk and paroschine of Kynnedor in all tyme cumeing, to be serveit be ane minister; and decernit and ordained the paroschineris of the said parosche kirk of Ogstoune to resorte and repaire to and be proper paroschineris of the said kirk of Kynneder in all tyme cumeing and to receave the word, sacramentis and buriall at the said kirk of Kynnedor as ther proper parosche kirk for the ressounes and causes contenit in the severall actis maid anent the conveniencie therof mentionat in the said decreit; togither with the actis of the said presbytrie of Elgine bearing the expedience of disjoyneing of the said paroshine of Ogstoune frome the said paroschine of St Andrewis and the annexing of the samyne to the said paroschine of Kynnedor, and ther reference of the samyne to the provinciall assemblie at Innernes, and ther reference of the samyne to the saidis commissioneris of parliament appoynted for valuatioun of teynds and plantatioun of kirks; as lykwayes ane act of the committee of the generall assemblie and ther reference to the saidis commissioneris whereupone the said decreit proceidit, in all and sundrie heidis, articles, clauses, conditiounes and circumstances therof. And the saidis estates of parliament willis and declaires that this present act of ratificatioune and generalitie therof is and sall be of als great availl, force, strenth and effect for disjoyning and separating of the said parosche kirk and paroschine of Ogstoune frome the said parosche kirk and paroschine of St Andrewis and uniteing and annexing the samyne to the said parosche kirk of Kynnedor, and for resorteing and repaireing of the paroschineris of the said paroshine of Ogstoune to the said parosche of Kynnedor, and for ther receaving of the word, sacramentis and buriall therat in all tyme cumeing as ther proper paroshe kirk, as if the said decreit and haill actis foirsaidis whairupone the samyne proceidit were at lenth word be word ingrossit and set doune heirintill, whairanent, and with all uther objectiounes that may be proponit or alledgit against the validitie of the foirsaid decreit and actis abonespecefeit quherupone the samyne proceidit or of this present ratificatioun and approbatioune therof, the saidis estates of parliament have dispensit and be thir presentis dispenses for ever; and doe heirby disjoyne and disuneit the foirsaid parosche kirk and paroshine of Ogstoune fra the said parosche kirk and paroschine of St Andrewis and unittes and annexis the samyne to the said kirk and paroschine of Kynneddor, to remane therwith as ane pairt of the paroshine therof, conforme to the act and decreit abonementionat, in all tyme cumeing.
[1648/3/227]*[print] [email] [cite] [preceding] [following]
The estates of parliament ratifies and approves the letters of gift granted be our soverane lord the kingis matie to Mr James Baird, advocat, and Mr Johne Baird, his eldest sone, nominating and presenting thame conjunctlie during the haill dayes and space of the langer liver of thame twa, ther lyfetymes, in and to that place of the commissariote of Edinburgh now presentlie possest be the said Mr James Baird himselff, and giveand, grantand and disponeand to thame conjunctlie and the langer liver of thame twa during thair lyftymes all fees, proffeittis, priviledges, immunities and commodities quhatsumever perteining and belonging therto or [which] at any tyme heirtofore or at ony tyme heirefter sall be knowne to pertene and belong therto as vaickand in his maties handis and at his hienes donatioune, gift and dispositioun be the said Mr James Baird, his dimissioune therof in his hienes handis, in favors and for the said new gift therof to be granted to himselff and his said sone conjunctlie with him during the haill space of the lyfetymes of the langest liver of thame twa in maner specefeit in the saidis letters of gift, with ample power therin to thame and ather of thame during thair saidis lyfetymes as said is to use, exerce, posses, bruik and injoy the said office of ane of the foure commissaris of Edinburgh, haill privileges and immunities belonging therto and to intromett with, uptak and receave the haill fees, casualities and dewties pertening and belonging to the said place siclyke and alsfrielie in all respectis as the said Mr James Baird or ony of his predicessors did or might have done at ony tyme during thair lyfetymes, as the saids letters of gift under his maties privie seale of the daite at Newcastle, the third day of August 1646 yeeres at mair lenth beires, with the dimissioune maid be the said Mr James Baird in his maties handis quherupone the said gift proceedit and letters grantit and the admissioune following therupone wherby the saids Mr James and Mr Johne Bairdis were acceptit and receaved conjunctlie during ther lyfetymes as said is to the said office and place be the remanent commissaris of Edinburgh, conforme to the command and warrand contenit in the saidis letters of gift and act maid upone thair said admissioune, acceptatioun and receaveing to the said office of the daite the [...] day of [...] jM vjC and fourtie yeeres. And the saidis estates of parliament willis, grantis, declaires, decernis and ordaines that the saidis letters of gift and admissioune following therupone and this present ratificatioun therof is and sall be guid, valyde and sufficient in thameselves to the said Mr James Baird and Mr Johne Baird, his sone, and to the langer liver of thame twa for bruikeing, joyseing, useing and exerceing of the said office and receaveing and uptaking of all fees, proffeittis, priviledges, immunities and commodities quhatsumever perteining and belonging therto during the lyfetymes of the saidis Mr James and Mr Johne and of the langer liver of thame twa, but stopt, trouble, impediment or contradictioune whatsomever to be maid to thame or ather of thame theranent during ther lyfetymes.
[1648/3/228]*[print] [email] [cite] [preceding] [following]
The estates of parliament ratifies and approves the act of the committee of estates efterspecefeit, whairof the tennor followes: Att Edinburgh, the 26th day of Maii the yeere of God 1648 yeeres. The committee of estates, being sensible of the good affectioune and faithfull endeavors of Sir Harie Gib, knight and barronet, and his loises and sufferingis for the same, doe modifie the soume of two thousand punds sterling to be payed to him out of the readiest of the remander of the brotherlie assistance dew be the kingdome of England to this kingdome and not heirtofore assigned be parliament or committee of estates, and for his peyment in maner foirsaid doe heirby give warrand and command to all commissaris, thesaurers and utheris whome it dothe concerne. Extractum etc. Sic subscribitur, Archbald Prymrose, clericus concilii; in the haill heidis and articles therof, and ordaines the samyne to have the strenth and force of ane act of parliament in tyme cumeing. And farder the estates of parliament be thir presentis gives precept and warrand to all commissaris, thesaurers and utheris wha are or may be concernit anent the peyment of the 2,000 lib. sterling abonewrittin to mak peyment therof to the said Sir Harie Gib, or to ony uther in his name haveing his power and warrand to receave the same upone his or ther dischairge therof with this present act, whilk the estates of parliament heirby declaires to be ane sufficient exonoratioune to the payeris.
[1648/3/229]*[print] [email] [cite] [preceding] [following]
The estates of parliament ratifies and approves the chartor granted be his matie, with consent of his hienes thesaurer principall, thesaurer depute and remanent lordis of his hienes exchekquher, under his hienes great seall, to his maties right trest cousing and counsellor Robert, erle of Roxburgh, lord Ker of Cesfuird and Cavertoune etc., lord privie seall and his aires maill laufullie gotten or to be gotten of his bodie, quhilks failzeing, to his aires or assigneyis quhatsumever in his optioune to be designit, nominat or constitute be him at ony tyme in his lyfetyme or befoir his deceas be assignatioun, designatioun, nominatioune or declaratioun under his subscriptioune and under the provisiounes, restrictiounes, limitatiounes and conditiounes contenit in the said nominatioun and designatioun, whilk assignatioune, designatioune, nominatioun or declaratioun under his subscriptioune anent the successioune to him in the landis, barronies, erledome and uthers efterspecefeit and under the conditiounes and restrictiounes therincontinent is declairit be the said chartor to be als sufficient as if the samyne were speciallie and particularlie exprest in the said chartor, notwithstanding of quhatsumever exceptioune of law may be proponit or alledgit in the contrair, off all and sundrie the landis and baronie of Cesfuird, the landis and baronie of Auld Roxburgh, the landis and baronie of Ormestoune, the lands and baronie of Plenderleith, the landis and baronie of Broundoune, the landis and baronie of McKaristoune, the lands and baronie of Broxfeild and of diverse utheris lands, baronies, mylnes, wods, fischinges and uthers, togither with the title and dignitie of erle perteining to his hienes said right trest cousing Robert, erle of Roxburgh etc. and all honors, priviledges, preheminences and immunities quhatsumever belonging therto, all erectit in ane frie erledome callit the erledome of Roxburgh, to be haldin of his matie and his hienes successors, as in the said chartor of the daite the 31 day of Julii the yeere of God 1646 yeeres at mair lenth is contenit, togither with the precept and instrument of seasing following therupone, in all and sundrie heidis, clauses, articles and conditiounes contenit therintill efter the forme and the tennor therof in all poyntis; and declaires that ony nominatioune or designatioune maid or to be maid be the said erle of Roxburgh of ony persone or persones to succeed to him as aires of tailzie in the saidis landis, barronies and erledome of Roxburgh, titill and dignitie foirsaid, or of ony uther his lordschippis landis or uthers belonging to him (alsweill holden of his matie as of ony uther superiors) sall be als valyde and sufficient as if the saids persone or persones swa designit to succeid as aires of tailzie and provisioune were speciallie exprest and sett doune in the saidis chartors and infeftmentis of the said erledome and utheris. And the saidis estates of parliament be thir presentis allowis and authorizes ony sick designatioune or nominatioune maid or to be maid be the said erle of Roxburgh of his said air or aires of tailzie to stand in full force and effect in ther favors in all tymecumeing, and declaires this present ratificatioun to be als valyde and effectuall in all poyntis as gif the said chartor were insert heirintill word be word, whairanent, and anent all uther imperfectiounes and objectiounes that may be proponit heiragaines, the saidis estates of parliament heirby dispenses.
[1648/3/230]*[print] [email] [cite] [preceding] [following]
The estates of parliament ratifies, approves and confirmes the chartor and infeftmentis respective efterspecefeit, viz: ane chartor and infeftment granted be his maties umquhill darrest father, King Ja[mes] the 6[th] of blissed memorie, to umquhill Thomas, erle of Hadingtoune etc., designit therin Thomas, lord Bining, his maties secretarie, and to his aires maill and successors heretablie of all and haill the baronie and regalitie of Drem, comprehending the tempill landis, tenementis and utheris particularlie and generallie mentionat therin, conteining ane novo damus and ane union of all in ane frie baronie and regalitie, to be haldin of his matie and his successors in frie blensche and frie baronie and regalitie for payment of ane penny usuall money of this realme yeerlie at the fest of Witsonday upone the ground of ony pairt of the foirsaidis landis if it be asked allanerlie in maner specefeit in the said chartor, granted under the great seall therupone, of the daite at Edinburgh, the penult day of Julii 1614 yeeres, with the precept of seasing under the quarter seall following therupone of that same daite and instrument of seasing following therupone. Item, ane uther chartor and infeftment grantit be his maties said umquhill darrest father under the great seall to the said umquhill Thomas, erle of Hadingtoune, designit therin Thomas, lord Bining, secretarie to his matie, and to his aires maill and successors heretablie off all and haill the said baronie and regalitie of Drem, comprehending the tempill landis and tenementis generallie mentionat therin, bearing also ane novo damus with ane union of all in ane frie baronie and regalitie, to be holden of his matie and his successors in frie blensche and frie baronie and regalitie for peyment yeerlie of ane penny upone the ground of any pairt of the saidis landis yeerlie at the feist of Witsonday if it be askit allanerlie, in maner specefeit in the said chartor, whilk is of the daite at Roystoune, the threttene day of October 1614 yeeres, with the precept and instrument of seasing following therupone, togither with the service and retoure wherby Johne, now erle of Hadingtoune, lord Bining and Byres wes serveit and retoureit as narrest laufull air maill to the said umquhill Thomas, erle of Hadingtoune, his guidsir, befoir thrie of the foure ordinar maisseris befoir the lordis of sessioune in all and haill the saidis landis, baronie and regalitie of Drem, comprehending all and sundrie the saidis tempill landis and tempill tenementis and uthers particularlie and generallie specefeit therin, with the precept of seasing direct furth of his maties chancellarie upone the said service and retoure for infefting of the said Johne, now erle of Hadingtoune as air maill serveit and retoureit to the said umquhill Thomas, erle of Hadingtoune, his guidsir, in the saids landis, barronie and regalitie comprehending as said is, of the daite the 26 day of Apryle 1645 yeeres, with the instrument of seasing following therupone, in all and sundrie heids, articles, clauses and circumstances of the foirsaids chartors, infeftmentis, seasingis and uthers respective abonespecefeit. And the saids estates of parliament willis and grantis and als decernis and ordaines that the foirsaid ratificatioun and confirmatioune sall be als valyde, effectuall and sufficient as if the saidis chartors, infeftmentis and uthers foirsaidis were word be word exprest heirin, albeit the samyne be not swa done, whairanent, with all defectis that may follow therupone and als with all uther objectiounes and imperfectiounes if any be whilks may be proponit againes the samyne or this present confirmatioun therof, the saidis estates of parliament hes dispensit and be thir presentis dispenses for ever, and dissolves the foirsaidis landis, baronie and regalitie comprehending as said is frome his maties croune and patrimonie therof and frome all actis of annexatioun annexing the samyne or ony pairt therof therto, to the effect the said Johne, now erle of Hadingtoune and his aires maill and assigneyis may bruik the samyne heretablie halden of his matie and his successors in frie blensche in maner foirsaid, and, if neid beis, ordaines ane new infeftment to be past and exped to them thairupone. And farder willis, ordaines and declaires that the foirsaids chartors, infeftmentis and uthers foirsaids sall be guid, valyde and sufficient rightis and titles to the said Johne, erle of Hadingtoune and his foirsaidis for bruikeing and injoyeing the foirsaidis landis, baronie and regalitie of Drem, comprehending as said is perpetuallie in all tyme cumeing, conforme to the tennors of the foirsaidis chartors, infeftmentis and uthers rightis respective foirsaid and this present ratificatioun therof in all poyntis.
[1648/3/231]*[print] [email] [cite] [preceding] [following]
The estates of parliament, upone the respectis and consideratiounes moveing them, hes added and doe heirby add to the number of the commissioneris formerlie nominat in that commissioune granted be the parliament to the commissioneris therinspecefeit for plantatioune of kirkis and valuatioune of teyndis thir persones following, viz: for the barrones the lairdis of Lamingtoune, Arniestoune, Polmais, Balthayok, Prestounegrange and Carden, and for the burrowes George Porterfeild, burges of Glasgow, James Lentroune, burges of St Andrewis, and James Pedie, burges of Montrois, and ordaines the foirnamed persones heirby added to have that same power, priviledge, place and voyce in the said commissioune as any uther of the barrons or burrowes formerlie nominat and appoynted to be upone the same commissioune had or hes and as if thir persones now added had bene insert therintill at the begining, whairanent the estates of parliament declaires thir presentis sall be ane sufficient warrand.
[1648/3/232]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveened in this first sessioune of the second trienniall parliament, ratifies and approves the contract and appoyntment maid and past betuixt Johne, erle of Crawfurd and Lindsay, lord Struther and Parbrothe, high thesaurer of Scotland, on the ane pairt, and Sir Johne McKenzie of Tarbett, knyght, on the uther pairt, of the daite the [...] day of [...] 1648 yeeres, whairby the said Johne, erle of Crawfurd and Lindsay, as haveing right be contract past betuixt him and James Levingstoune, on[e] of his maties bedchalmer, on the ane and uther pairtis of the daite the 24 day of Merche 1647 yeeres to the rentis and dewties belonging to the temporalitie and spiritualitie of the laite bischoprick of [Ross]†, whereof the teyndis efterspecefeit are a pairt be right and dispositioune therof frome the said James Levingstoune wha had right therto and to certane uther bischoprickis frome the kingis matie, be twa severall giftis, ane under the privie seall of the daite the second day of October 1641 yeeres, the uther under the great seale of the daite the sevint day of Maii 1642 yeeres, sett in subtak and assedatioune to the said Sir Johne McKenzie and to his aires and assigneyis quhatsumever all and sundrie the teyndschaves or personage teynds of the said Sir Johne McKenzie, his landis of Eister Aird, Eister Tarbett and Meikle Tarrell, with ther pertinentis, lyand within the paroschine of Tarbett and shirefdome of Innernes, and that for the space of the said James Levingstoune, his lyfetyme, and for the space of thrie nyntene yeeres therefter successive without any intermissione or break of yeeres for the yeerlie tak dewtie mentionat in the said contract and reliveing the said noble erle and his aires and successors of the ministeris stipendis, taxatiounes, annueties and utheris burdingis imposit or to be imposit upone the saidis teyndis or dew and payable furth therof off all yeeres and termes bygane sen the said James Levingstoune, his rightis therto, and yeerlie and termelie in tyme cumeing, in maner at lenth specefeit in the said contract. Lykas the said Johne, earl of Crawfurd and Lindsey, with consent of the persones therinmentionat, sauld, annalied and disponed to the said Sir Johne McKenzie and to his aires and assigneyis quhatsumever heretablie and for ever all and sundrie the foirsaid teyndschaves or personage teyndis of the foirsaid landis of Eister Aird, Eister Tarbett and Meikletarrell, with all ther pertinentis lyand as said is, to the effect the said Sir Johne McKenzie and his foirsaidis may obteine sufficient infeftmentis of the saidis teyndis, to be haldin of his matie and his successors in frie blensche in manor also specefeit in the said contract. And als the said erle, with consent foirsaid, assignit, transferrit and disponit to the said Sir Johne McKenzie and his foirsaidis the foirsaidis twa giftis, the ane under the privie seall and the uther under the great seall, wherby his matie promised to pas infeftment to everie heretor of ther owne teyndis efter the sight of the saidis alienatiounes, to be haldin of his matie and his successors in frie blensche also in maner specefeit in the said contract, with the chartors, preceptis and instrumentis of seasing to follow therupone in all and sundrie heidis, articles, clauses and circumstances therof. And the saidis estates of parliament willis and declaires and als willis, grantis, decernis and ordaines that the said ratificatioun sall be alse valyde and sufficient to the said Sir Johne McKenzie and his foirsaidis as if the foirsaid contract, chartors, infeftmentis and seasingis to follow thairupone were word be word exprest heirin albeit the samyne be not swa done, whairanent, and with all that may follow therupone, the saidis estates of parliament hes dispensit and be thir presentis dispenses for ever; and siclyke hes dissolved and dissolves the foirsaidis teyndis of the saidis landis of Eister Aird, Eister Tarbatt and Meikletarrell, with the pertinentis, frome his maties croune and patrimonie therof and fra all benefices, actis of annexatioun and utheris wherunto the samyne pertenit or wes annexit of befoir, and gives, grantis and dispones the samyne teyndis of the saidis landis of Eisteraird, Eistertarbett and Meikletarrell, with the pertinentis, to the said Sir Johne McKenzie and his foirsaidis under the great seall therupone; and als willis, ordaines and declaires that the foirsaid contract and chartors and infeftment to be past in favors of the said Sir Johne McKenzie and his foirsaidis, with the foirsaidis twa giftis, ane under the privie seall, the uther under the great seall and rightis therto abonespecefeit, sall be guid, valyde and sufficient rightis and titles to the said Sir Johne McKenzie and his foirsaidis for injoyeing, bruiking and possessing of the foirsaidis teyndis heretablie and for ever in all tyme cumeing, notwithstanding of whatsomever impediment, act, statute or objectioune maid or to be maid in the contrair, conforme to the tennor of the foirsaidis contractis, rightis and infeftmentis following therupone heirby ratified in all poyntis.
[1648/3/233]*[print] [email] [cite] [preceding] [following]
The estates of parliament ratifies and approves the contract and appoyntment maid and past betuixt Johne, erle of Crawfurd and Lindsay, lord Struther and Parbroth etc., heigh thesaurer of Scotland, on the ane pairt, and Mr Thomas McKenzie of Innerlaoll on the uther pairt, of the daite the sevint day of Merche 1648 yeeres, wherby the said Johne, erle of Crawfurd and Lindsey, as haveing right to the contract past betuixt him and James Levingstoune, on[e] of his maties bedchalmer, on the ane and uther pairtis of the daite the 24 day of Merche 1647 yeeres to the rentis and uther dewties belonging to the temporalitie and spiritualitie of the laite bischoprik of Ros, quherof the teyndis efterspecefeit are a pairt be right and dispositioune therof frome the said James Levingstoune, wha had right therto, and to certane uther laite bischoperiks frome the kingis matie be twa severall giftis, ane under the privie seall of the daite the second day of October 1641 yeeres, the uther under the great seall of the daite the sevint day of Maii 1642 yeeres, sett in subtak and assedatioune to the said Mr Thomas McKenzie and to his aires and assigneyis quhatsumever all and sundrie the teyndscheaves or personage teyndis of the said Mr Thomas, his landis of Eister Rarachies, with the pertinentis, lyand within the paroshine of Nig, and als the teyndschaves or personage teyndis of all and haill his lands of Catbollfischer, with the pertinentis, lyand within the paroshine of Fairne and diocie and shirefdome of Ros, and that for the space of the said James Levingstoune, his lyfetyme, and for the space of thrie nyntene yeeres therefter successive without any intermissione or break of yeeres for payment of the yeerlie tak dewtie mentionat in the said contract and reliveing the said erle and his aires and successoris of the ministeris stipendis, taxatiounes, annuities and uther burdinges imposit or to be imposit upone the saids teyndis or dew and payable furth therof off all yeeres and termes bygane sen the said James Levingstoune, his right therto, and yeerlie and termelie in tyme cumeing, in maner at lenth specefeit in the said contract. Lykas the said Johne, erle of Crawfurd and Lindsey, with consent of the persones therinnominat, sauld, annalied and disponed to the said Mr Thomas McKenzie and his aires and assigneyis quhatsomever heretablie and for ever all and sundrie the foirsaidis teyndschaves or personage teyndis of the foirsaidis landis of Eister Rarachies and Wester Catboll, callit Catbollfischer, with thair pertinentis, lyand as said is, to the effect the said Mr Thomas McKenzie and his foirsaidis may obteine sufficient infeftmentis of the saidis teyndis, to be holden of his matie and his successors in frie blensche in maner also specefeit in the said contract. And als the said erle, with consent foirsaid, assignit, transferrit and disponit to the said Mr Thomas McKenzie and his foirsaidis the foirsaidis twa giftis, the ane under the privie seall and the uther under the great seall, whereby his matie promised to pas infeftment to everie heretor of ther owne teyndis efter the sight of the saidis alienatiounes, to be holden of his matie and his successors in frie blenshe, also in maner specefeit in the said contract, with the chartors, preceptes and instrumentis of seasing to follow therupone in all and sundrie heidis, articles, clauses and circumstances therof. And the saidis estates of parliament willis and grantis and als decernis and ordaines that the foirsaid ratificatioun sall be als valyde and sufficient to the said Mr Thomas McKenzie and his foirsaidis as if the foirsaid contract, chartors, infeftmentis and seasinges to follow therupone were word be word exprest heirin, albeit the samyne be not swa done, whairanent, and withall that may follow therupone, the saidis estates of parliament hes dispensit and be thir presentis dispenses for ever; and siclyke hes dissolveit and dissolves the foirsaidis teyndis of the saidis landis of Eister Rarachies and Westercatboll, with the pertinentis, frome his maties croune and patrimonie therof and fra all benefices, actis of annexatioune and utheris whatsomever quherunto the samyne pertenit or were annexit to of befoir; and gives, grantis and dispones the samyne teyndis of the saidis landis of Eister Rarichies and Westercatboll, with the pertinentis, to the said Mr Thomas McKenzie and his foirsaidis, to be haldin be them of his matie and his successors in maner foirsaid, and ordaines infeftment to be past in favors of the said Mr Thomas McKenzie and his foresaids under the great seall therupone; and als willis, ordaines and declaires that the foirsaid contract and chartor and infeftment to be past in favors of the said Mr Thomas McKenzie and his foirsaidis, with the foirsaidis twa giftis, ane under the privie seall, the uther under the great seall and rightis therto abonespecefeit, sall be guid, valyde and sufficient rightis and titles to the said Mr Thomas McKenzie and his foirsaidis for enjoying, braikeing and possessing of the foirsaidis teyndis heretablie and for ever in all tyme cumeing, notwithstanding of quhatsumever impediment, act, statute or objectioune maid or to be maid in the contrair, conforme to the foirsaid contract, rightis and infeftmentis respective in all poyntis.