[1645/11/275]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the report of that committee appointed for hearing and considering the supplication given in by Alexander, lord Balcarres, desiring payment of the sums indebted to him by the public and for finding out and condescending upon some ways and means for his payment and satisfaction of the same sums; as also taking into their consideration that they by their act at Stirling, the [...] day of [...] last, did thereby assure the Lord Balcarres of a real remuneration for his faithful service done to his country, they do hereby ordain the lands of Gorthie and remaining other lands of his estate, with the pertinents, lying within the sheriffdom of Perth (sometime pertaining to [David] Graham of Gorthie and now pertaining to the estates of this kingdom by his forfeiture) to be sold and conveyed in all fit and suitable a way. Likewise the said estates by this act sell and convey the same to and in favour of the said Alexander, lord Balcarres and his heirs in payment and satisfaction to him of the sum of £20,000 Scots found due to him in the aforesaid report by the public of principal sum and annualrents thereof, by an act of the committee of estates granted in his favour for payment of the sums contained therein and in satisfaction of the aforesaid remuneration promised by the estates to him by their act at Stirling, and ordain the said Alexander, lord Balcarres to have charters and infeftments granted and passed to him under the great seal of the said lands of Gorthie and others above-written hereby conveyed which are held of the king's majesty and of the prince and presentations to be granted in his favour to the said [David] Graham of Gorthie by other superiors of such parts and portions of his lands as are held of any other superiors by the king and prince, to the effect the said Alexander, lord Balcarres may be thereupon validly infeft and seised in the aforesaid lands of Gorthie and others above-specified, with the pertinents, held of the king's majesty and prince and of the said [David] Graham of Gorthie's other superiors respectively likewise in the same manner and as freely in all respects and with the same tenendas and reddendo as the said [David] Graham of Gorthie held the same himself and as is contained in his and his authors' rights and infeftments of the same lands; and declare this act, with the disposition to be granted to the said Alexander, lord Balcarres hereupon and infeftments to follow upon the same, to be good and valid rights and securities to the said Alexander, lord Balcarres and to his heirs and successors for holding and possessing the aforesaid lands with the pertinents and intromitting with and uplifting the mails, profits and duties thereof. Likewise the parliament do hereby oblige the estates of the kingdom, in warrandice thereof, according to the act of parliament made anent dispositions and warrandice of forfeited lands, and to the effect the said Alexander, lord Balcarres may be validly and formally secured in the right of the aforesaid lands, the said estates remit and recommend and give hereby power to the committee of monies to cause form, grant, subscribe and deliver to the said Alexander, lord Balcarres a formal and valid disposition of the lands and others above-mentioned in ample form, with all clauses necessary, declaring the same to be a valid security of the aforesaid lands to the said Alexander, lord Balcarres in all time coming, without prejudice to the Lady Gorthie of her liferent right of the lands in which she is infeft; and also without prejudice to the creditors of her husband of the sums owing to them by him and other obligations in their favour and of their rights and interest which are reserved unprejudiced hereby, according to the act of parliament made in favour of the creditors and cautioners of forfeited persons, whose sums, bonds and rights, with the Lady Gorthie's liferent right, are declared by this act to be unprejudiced hereby or by the disposition to follow hereupon.