[1646/11/581]*[print] [email] [cite] [preceding] [following]
The which day the report after-specified of that committee appointing for revising and considering the register and acts of the committee of estates, of which report the tenor follows: The committee appointed for revising the public registers have observed in the register of the committee of estates a decreet of the date the [...] day of May 1646 passed in favour of [Alexander Brodie], laird of Brodie upon a summons and charge given by open proclamation at the market crosses of Inverness, Nairn and Elgin to all and whatsoever persons within the country pretending them to have bonds, obligations, contracts, writs or other securities of whatsoever kind or nature whereby they may crave action or execution against the said laird of Brodie or his heirs for payment to them of whatsoever sums of money or performing to them of whatsoever other deeds, to have compeared before the estates of parliament or committee of estates at a certain day bygone, with continuation of days, bringing with them all bonds, obligations, contracts etc. of whatsoever date or dates preceding 15 February then last, together with a note of all actions and pleas under their hands which they may lay to the charge of the said laird of Brodie for himself or as heir or executor to any of his predecessors, with certification to them if they failed, that the estates of parliament or committee of estates or either of them would find the said Alexander Brodie, his heirs or successors to be free from all action or execution which might be claimed or executed against them thereupon by whatsoever person or persons within the country. This charge was executed upon 22 and 26 October 1645 at the aforesaid three market crosses respectively, by which decreet, in regard of the non-compearance of any persons within the said three shires to produce their bonds, obligations etc. whereby they might crave action or execution against the said laird of Brodie, the said committee did find the said laird of Brodie, his heirs and successors to be free from all action or execution which might be claimed or executed against them by whatsoever persons within the country dwelling within the aforesaid three shires. Against the which decreet, that it be not ratified in parliament, there is a supplication given in by Ninian Dunbar of Grangehill, for whose security it is thought fitting by the committee and agreed to by the laird of Brodie that the following exception or qualification be subjoined to the laird of Brodie's ratification if the parliament think fit to ratify the same decreet: The estates of parliament, with consent of the laird of Brodie, declare that the aforesaid act and decreet and all that has followed or may follow thereupon with this present ratification of the same shall in no way be extended against Ninian Dunbar of Grangehill, his heirs or successors, nor against any rights of multures, nor against any other rights, indentures, actions or other writs or securities personal or real pertaining or competent to him, for himself or as heir or apparent heir to any of his predecessors, with this provision always: that this present exception shall in no way prejudice Alexander Brodie in the real possession and of enjoying his lands and heritages with all privileges pertaining thereto, according to the ancient rights and evidents which the said Alexander and his predecessors had before the granting of this act and ratification, and according to which he and his predecessors have been in use and lawful possession of these 40 years bygone, which right and possession shall in no way be prejudiced by the said exception, but both parties' rights and possessions respectively shall be of that same force and power as they were before the obtaining of the said act or decreet purchased before the committee of estates and before this present ratification of the same. Reserving also to the said Ninian Dunbar of Grangehill and his aforesaids the rights of his multures and other writs and evidents which are formerly excepted, according to his possession these 40 years bygone. And because the rest of the lieges in these three shires (as well as the laird of Grangehill) may be prejudiced by that decreet, they remit to the parliament to take what course they think fitting for their security, that none of them be prejudiced thereby especially in time coming. There are also in the register of the committee of estates three warrants for summons at the instance of the Lady Brodie, [Alexander Brodie], laird of Lethen and Mr Joseph Brodie, in which, for proving the tenor of their burnt evidents, there is dispensation allowed either of affinity or consanguinity of the witnesses to be used, providing the persons be of worthy faith and good fame, and the lords of the session ordained to admit such witnesses which the said committee thought necessary to represent to the parliament. Being read in audience of the parliament and the same heard and considered by the estates thereof, they do hereby ratify and approve the aforesaid report according to the tenor of the same in all points and interpose the authority of parliament thereto.