[1641/8/430]¹

Ratification of the mutual bond amongst the heritors adjacent to the Pow of Inchaffray

Our sovereign lord and estates of this present parliament, understanding that the persons after-mentioned, namely: Patrick [Murray], earl of Tullibardine, David [Drummond], master of Madderty, David Graham of Gorthie, John Oliphant of Bachilton, John Drummond, portioner of Bellyclony, John Graham of Balgowan, Laurence Oliphant of Gask, William Blair of Williamstoun, Master Patrick Murray of Woodend, John Gray of Wellcroft, Anna Hay, widow of the late William Murray of Abercairny, heritors, life-renters, conjunct fiars and owners of the lands adjacent to the Pow of Inchaffray on both the sides thereof between the west end of the Red Moss and the ford of Dollerie, considering that their lands adjacent to the said Pow within the bounds foresaid are often flooded with water, whereby the corns and grass growing thereupon are frequently destroyed, drowned and made unprofitable to them, and that this hurt and damage might be prevented, at the least made much less than it is, if the said Pow and current thereof were kept clean, excavated and swept by them, their heirs and successors in their several possessions in manner after-specified; therefore, and for diverse other causes and considerations moving them, they by their bond and obligation subscribed with their hands of the date 26 and 29 August and 6, 9 and 11 September and 2 October respectively, 1641, bound and obliged them and their heirs and successors succeeding to them in the right of their lands adjacent to the said Pow within the bounds above-specified from time to time in all time coming that each one of them opposite to and within the bounds above-specified of their own several lands adjacent to the said Pow within the bounds foresaid thereof shall delve and dig away the grass and turf growing in the said Pow within the bounds foresaid, and cast the same Pow and current thereof two ells deep and four ells broad to the west of the Gelly burn and to the east of the said burn three ells breadth, and thereafter of new clear rubbish from the current of the said Pow, and keep it clean to the breadth and depth above-specified, as often as need be, and as they or any of them or their foresaids being remiss or negligent shall be desired or required to do the same by the remainder of them or any of their foresaids under the pains mentioned therein, as the same, containing certain declarations specified therein and with one consent and desire that there be an act of parliament passed ratifying the said bond and obligation and ordaining the forenamed subscribers thereof, and their heirs and successors, as well general successors as singular successors succeeding to them in the right of the said lands, to observe and fulfil the same bond and obligation in all points, after the form and tenor thereof, each one of them to others in time coming perpetually, in manner above-specified, of the date foresaid, registered in the books of council and session upon 5 November 1641 foresaid at length bears. Therefore our said sovereign lord, with advice and consent of the estates of parliament, by this legislation, ratifies and approves the foresaid bond and obligation of the date above-written and registered as said is, in all points and clauses therein contained, and declares this present ratification thereof to be as sufficient in all respects as if the same were at length and word by word engrossed herein, dispensing by this ratification with the not inserting thereof, and statutes and ordains the forenamed persons, granters and subscribers of the said bond and obligation and their heirs and successors, as well general successors as singular successors succeeding to them in the right of their said lands, to observe and fulfil the same bond and obligation in all points, after the form and tenor thereof, each one of them to others perpetually in all time coming.