[1641/8/365]¹

Ratification in favour of [Andrew Fraser], lord Fraser

Our sovereign lord and estates of this present parliament ratify and approve the decreet obtained at the instance of the said Lord Fraser, for himself and in name and on behalf of his tenants of his lands of Durris and Muchalls, upon 13 May last bygone, before the lords and others of the committee of estates of parliament against John Gordon of Haddo, determining and ordaining him to refund and deliver back to the said Andrew, lord Fraser the moveables, bedding, other goods, furnishing and plenishing of his house and place of Durris, 24 muskets, 24 picks, with their pertinents likewise² and bars of the windows and doors of the said place and office, houses thereof, 140 bolls of meal taken out of the granary thereof, two young stags, three young horses and a mare, with certain furniture and plenishing pertaining to the tenants of the said barony of Durris all wrongfully, violently and masterfully seized, spoiled and taken away by the said John Gordon and his accomplices from the said Andrew, lord Fraser, his tenants of the said barony of Durris, the time and in manner specified in the said decreet, which particulars immediately above-mentioned, with the other loss and damage done to the said Andrew, lord Fraser's house and place and tenants by the said John Gordon and his foresaids, are estimated to the sum of 4,000 merks money of this realm and above; and also to refund, restore and deliver back again to the said Andrew, lord Fraser 80 bolls of barley, 60 bolls of oats, locks, bands and iron work of the barns and barn yards of Muchalls, plough gear and 80 drawing oxen, and 70 head of cattle and young goods, with 300 head of sheep and eight horses and mares, with certain furniture and plenishing, all likewise masterfully and violently seized, intromitted with and taken away by the said John Gordon and his accomplices from the said Andrew, lord Fraser's lands and mains of Muchalls, barns and barnyards thereof, and from his tenants of the said barony, which particulars, with the same losses and damage done by the said John Gordon and his foresaids to the said Andrew, lord Fraser and his tenants of the said barony of Muchalls, are estimated to be worth the sum of £5,000 and above; and to restore and repair his losses and damages above-mentioned sustained by the said Andrew, lord Fraser and his tenants in manner specified in the said decreet; and also to content and pay to him the value, prices, estimations of the said goods and losses above-mentioned sustained by the said Andrew, lord Fraser and his tenants in manner foresaid, extending to the said two sums of 4,000 merks and £5,000 foresaid, altogether in the whole to the sum of 11,500 merks for the reasons and causes contained in the said decreet, as the same of the date foresaid at more length bears, and all letters of horning, poinding, denunciation, apprising, inhibition and others used thereupon, and all apprisings led and deduced and to be led and deduced thereupon and all that has followed or may follow upon the said decreet. And will and grant, declare, decree and ordain that the said decreet and all execution that has followed or may follow thereupon shall stand and be sufficient until the said Andrew, lord Fraser, his heirs and assignees, be duly, fully and completely paid of the said sums contained in the said decreet, according thereto in all points, notwithstanding of whatsoever act of pacification, oblivion or other act or constitution made, or to be made, in the contrary, declaring and ordaining that no such act of pacification, oblivion or other act or constitution made or to be made in this present parliament is nor shall in any way be extended to the said decreet above-specified and sums contained therein, nor any execution that has followed or may follow thereupon, but that the same is hereby and shall be always altogether and utterly excepted and reserved from the said act of pacification, oblivion, other act or constitution made or to be made in the contrary, in the same manner and as freely as if the same were expressly excepted and reserved out of and from the act thereof. Likewise our said sovereign lord and estates foresaid of this present parliament ordain the said decreet, sums of money contained therein and execution thereof to be expressly excepted and reserved out of and from the said act of pacification and oblivion, and inserted and contained in the said act for that effect.