[1641/8/317]¹

Ratificatione in favours of the Laird of Frendraucht

Our soverane lord and estates of parliament ratifies and approves the tuo infeftmentes and chartoures wnderwrittin made and granted to his lovit James Creichtoune of Frendraucht, his aires maill and assigneys, quherof the one made, givine and granted be his hienes umquhill darrest father of worthie memorie, with advyse and consent of umquhill Sir Johne Arnote of Berswicke, knycht, and of the lordis of his hienes secreet counsell of the said kingdome, his hienes commissioneres, off all and haill the lands and barrony of Frendraucht, comprehending the lands and barrony of Frendraucht with the burghe of barrony of Forge and otheres perteyneing to the said barrony of Frendrauche, lyand within the shereffdome of Aberdeene, and alse the landis and barrony of Conveth, alias Innerkeithnie, lyand within the shereffdome of Bamffe, all and haill the landis and toune of Petquhensie and Comsie, all and haill the landis and barrony of Malairs and Fergundeny, lyand within the shereffdome of Pearth, all and haill the temple landis of Frendraucht, with the office of heritable bailliarie, with the haill toures, fortalices, maner places, salmond fishingis, mylnes, multores, advocation, donatione of kirkis and chaiplanries, offices of bailliarie and otheres thairinconteyned, all unit be the said chartour in ane barrony callit the barrony of Frendraucht, quhilke chartour is of the dait the eighteene day of Junii 1612 yeeres; and the other of the saidis chartours granted be our soverane lord the kingis majestie himselfe, with advyse and consent of his hienes thesaureres, comptrolleres and collectoures principall and deputie and rest of the lordis commissioneres to the said James Creichtoune and his foirsaidis, off all and haill the landis and barrony of Kinnardie, comprehending the saidis landis and barrony of Kinardie, with the haill particular tounes and landis therof, and alse and haill the landis and barrony of Netherdull, with the haill particulare tounes and landis of the samene, all and haill the landis of Pittindreiche and particulare landis of the same, and all and haill the teyndshaves of the foirsaidis haill landis abovedesignit, fruites, rentes and emolumentes of the samene lyand within the parochine of Abirchirder, all lyand within the shereffdome of Bamffe, as als all and haill the landis and barrony of Fiddes, comprehending thairin the particulare tounes, landis, mylnes and otheres mentionat in the said chairtour, lyand within the shereffdome of Abirdene, all and haill the landes of Turterys, all and haill the lands of Ardfoure with the mylne, mylnelandis, multours and sequelles of the samene, and the tuo pairt of the landis of Auchinnachie, and sicklyke all and haill the sunneie third pairt landis of Auchnamache, with the pertinentes, all lyand within the sherefdome of Banff, and all and haill the teyndshaves and otheres teynds, fruites, rentes, emolumentes and other dewties whatsomevir, alsweell personage and viccarage, of the paroch kirke and parochine of Forge, lyand within the said sherefdome of Aberdeene, with the toures, maner places, mylnes, multours, salmond fischingis, ferrieboates, advocatione and donatione of kirkes, chaiplanries and otheres pertinentes whatsomever, all unit and annexit in ane barrony, to be called the foirsaid barrony of Kinnardy be vertue of the foirsaid chairtour, conteyneing unione, whilke is of dait the eighteene day of Julii, j^M vj^C tuenty sevine yeeres, with all and sindrie the dispositions, procuratories and instrumentes of resignatione wheron the saidis tuo chairtoures and aither of them proceedit, and the preceptes and instrumentes of seasing falloweing wpoun the samene and ather of them, off whatsomevir daites, tennoures or contentes the samene be of in all and sindrie the haill poyntes, clauss, articles, circumstances and conditiones thairinconteyned, and efter the forme and tennour thairof in all poyntes. And our said soverane lord and estates of parliament willis and grantes and, for his hienes and his successoures, decernes and ordeanes that this present ratificatione of the saidis tuo chartoures, dispositions, procuratories and instrumentes of resignatione quhairon the samene proceedit, preceptes and instrumentes of seasing fallowing thairupoun is and shall be alse effectuall and sufficient and of alse greate strenth, force and effect to the said James Creichtoun of Frendrauche, his aires maill and assigneyes foirsaidis for there bruikeing of the saidis haill toune, landis, barronyes, mylnes, teyndis, patronages, salmond fishingis, offices and otheres abovewrittin thairin conteyned heritablie and perpetuallie in all tymecomeing as if the samene chartoures, dispositiones, procuratories and instrumentes of resignatione, preceptes and instruments of seasing were all at lenth per expressum de verbo in verbum heerin exprest and ingrost; quhairanent our said soverane lord and estates of parliament hes dispensit and be thir presentes dispensis. Attour his majestie and estates of parliament, perfytlie wnderstanding that the said James Creichtoune, his chartour kiste and whole evidentes being within his toure of Frendrauche the tyme of the burneing therof, whilke wes in the monethe of October, j^M vj^C therttie yeeres, wer then brunt and destroyed, and that in a caise sua notoriouslie knowne to the whole kingdome reasoune and equity requyres that seeing the whole old evidentes and wrettes of the landis and otheres foirsaidis maide to the said James, his predicessoures and authours were brunt and distroyed as said is, and that he hes no other right nor warrand bot the saidis tuo lait infeftmentes, quhilke be Godis providence wer preserved the tyme of the burneing, not being in the chartour kist in Frendraucht bot lying in Edinburghe, and that therfor equitie and justice requyres that all helpe and supplie be made to him for his peaceable bruiking of his landis, barronyes, teyndis and otheres foirsaidis conteanit in his saids tuo infeftmentes, therfore his majestie and estates of parliament findis and declaires that the saidis chartours and infeftmentes ratified as said is shall be good and valied rightes to the said James Creichtoune and his foirsaidis for bruiking of the saidis landis, barronyes, teyndis, patronages, mylnes, woodis, salmond fishingis and otheres foirsaidis conteyned in the said tuo chairtoures as there heritadge in all tymecomeing, and that he and his foirsaidis shall nowayes be obleist to produce any of the rightes made to his predicessours or authours of the saidis landis, barronyes and others foirsaidis or any pairt thairof be his majestie or his predicessours or be whatsomever other persones his predicessoures, fra quhom his saidis predicessoures and authours requyred² the saidis landis, barronyes, teyndis and otheres foirsaidis or any pairt thairof, and that notwithstanding of whatsomevir reductione or improbatione to be intendit againes them at the instance of whatsomevir persone or persones therwpoun; and declaires the said James Creichtoune and his foirsaidis to be free of all certificationes to be givine againes them for not production of the samene, the said James Creichtoune and his foirsaidis makeand faith be thair great oath that the samene wer brunt and destroyed in the said burneing of Frendraucht and that they have none of the wrettes called to be reduced or improvin nor can be fund in any publict register.