[1641/8/317]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the two infeftments and charters underwritten made and granted to his beloved James Crichton of Frendraught, his male heirs and assignees, whereof the one made, given and granted by his highness's late dearest father of worthy memory, with advice and consent of the late Sir John Arnott of Berswick, knight, and of the lords of his highness's secret council of the said kingdom, his highness's commissioners, of all and whole the lands and barony of Frendraught, comprehending the lands and barony of Frendraught with the burgh of barony of Forgue and others pertaining to the said barony of Frendraught, lying within the sheriffdom of Aberdeen, and also the lands and barony of Conveth, alias Inverkeithny, lying within the sheriffdom of Banff, all and whole the lands and town of Petquhensie and Comsie, all and whole the lands and barony of Malairs and Forgandenny, lying within the sheriffdom of Perth, all and whole the temple lands of Frendraught, with the office of heritable bailiary, with the whole towers, fortalices, manor places, salmon fishings, mills, multures, advocation, donation of kirks and chaplainries, offices of bailiary and others contained therein, all united by the said charter in a barony called the barony of Frendraught, which charter is of the date 18 June 1612; and the other of the said charters granted by our sovereign lord the king's majesty himself, with advice and consent of his highness's treasurers, comptrollers and collectors principal and depute and rest of the lords commissioners to the said James Crichton and his foresaids, of all and whole the lands and barony of Kinnairdie, comprehending the said lands and barony of Kinnairdie, with the whole particular towns and lands thereof, as also all and whole the lands and barony of Netherdale, with the whole particular towns and lands of the same, all and whole the lands of Pittendreich and particular lands of the same, and all and whole the teind sheaves of the foresaid whole lands above-designed, fruits, rents and emoluments of the same lying within the parish of Aberchirder, all lying within the sheriffdom of Banff, as also all and whole the lands and barony of Fiddes, comprehending therein the particular towns, lands, mills and others mentioned in the said charter, lying within the sheriffdom of Aberdeen, all and whole the lands of Turtory, all and whole the lands of Ardfour with the mill, mill lands, multures and sequels of the same, and the two part of the lands of Auchinachie, and also all and whole the sunny third part lands of Auchnamache, with the pertinents, all lying within the sheriffdom of Banff, and all and whole the teind sheaves and other teinds, fruits, rents, emoluments and other duties whatsoever, as well parsonage and vicarage, of the parish kirk and parish of Forgue, lying within the said sheriffdom of Aberdeen, with the towers, manor places, mills, multures, salmon fishings, ferryboats, advocation and donation of kirks, chaplainries and other pertinents whatsoever, all united and annexed in a barony, to be called the foresaid barony of Kinnairdie by virtue of the foresaid charter, containing union, which is of the date 18 July 1627, with all and sundry the dispositions, procuratories and instruments of resignation whereon the said two charters and either of them proceeded, and the precepts and instruments of sasine following upon the same and either of them, of whatsoever dates, tenors or contents the same be of in all and sundry the whole points, clauses, articles, circumstances and conditions contained therein, and after the form and tenor thereof in all points. And our said sovereign lord and estates of parliament will and grant and, for his highness and his successors, decree and ordain that this present ratification of the said two charters, dispositions, procuratories and instruments of resignation whereon the same proceeded, precepts and instruments of sasine following thereupon is and shall be as effectual and sufficient and of as great strength, force and effect to the said James Crichton of Frendraught, his male heirs and assignees foresaid for their possessing of the said whole town, lands, baronies, mills, teinds, patronages, salmon fishings, offices and others above-written therein contained heritably and perpetually in all time coming as if the same charters, dispositions, procuratories and instruments of resignation, precepts and instruments of sasine were all at length expressly word for word herein expressed and engrossed; concerning which our said sovereign lord and estates of parliament have dispensed and by this ratification dispense. Moreover his majesty and estates of parliament, perfectly understanding that the said James Crichton's charter chest and whole evidents being within his tower of Frendraught the time of the burning thereof, which was in the month of October 1630, were then burnt and destroyed, and that in a case so commonly known to the whole kingdom reason and equity requires that seeing the whole old evidents and writs of the lands and others foresaid made to the said James, his predecessors and authors were burnt and destroyed as said is, and that he has no other right nor warrant but the said two late infeftments, which by God's providence were preserved the time of the burning, not being in the charter chest in Frendraught but lying in Edinburgh, and that therefore equity and justice requires that all help and supply be made to him for his peaceable possessing of his lands, baronies, teinds and others foresaid contained in his said two infeftments, therefore his majesty and estates of parliament find and declare that the said charters and infeftments ratified as said is shall be good and valid rights to the said James Crichton and his foresaids for possessing of the said lands, baronies, teinds, patronages, mills, woods, salmon fishings and others foresaid contained in the said two charters as their heritage in all time coming, and that he and his foresaids shall in no way be obliged to produce any of the rights made to his predecessors or authors of the said lands, baronies and others foresaid or any part thereof by his majesty or his predecessors or by whatsoever other persons or their predecessors, from whom his said predecessors and authors required† the said lands, baronies, teinds and others foresaid or any part thereof, and that notwithstanding of whatsoever reduction or improbation to be intended against them at the instance of whatsoever person or persons thereupon; and declares the said James Crichton and his foresaids to be free of all certifications to be given against them for non-production of the same, the said James Crichton and his foresaids making faith by their great oath that the same were burnt and destroyed in the said burning of Frendraught and that they have none of the writs called to be reduced or disproved nor can be found in any public register.