[1641/8/365]¹

Ratificatione in favoures of the Lord Fraiser

Our soverane lord and estates of this present parliament ratifies and approves the decreet obteenit at the instance of the said Lord Fraser, for himselfe and in name and behalfe of his tennentes of his landis of Dures and Muthall, wpoun the therteene day of Maii last bygone, before the lordis and otheres of the committie of estates of parliament aganes Johne Gordoune of Haddo, decerneing and ordeaneing him to refound and delyver bake to the said Andro, lord Fraiser the moveables, bedding, wtheres goodis, furnishing and plenishing of his house and place of Durres, tuentie four musketes, tuentie four pickes, with ther pertinentes lykeas² and barres of the windowes and doores of the said place and office, houss therof, sevine scoire bolles meell takine out of the garnell therof, tuo younge staiges, three younge horss, ane meare, with certane inseight and plenishing perteaneing to the tennentes of the said barrony of Durres all wrongeouslie, violentlie and maisterfullie reste, spoyled and awaytakine be the said Johne Gordoune and his complices fra the said Andro, lord Fraiser, his tennentes of the said barrony of Durres, the tyme and in manner specified in the said decreet, quhilkis particulares immediatlie abovementionat, with the other loss and skaith done to the said Andro, lord Fraiser, his house and place and tennentes be the said Johne Gordoune and his foirsaidis, are estimat to the soume of four thousand merkes money of this realme and above; and sicklyke to refound, restore and delyver bake agane to the said Andro, lord Fraiser fourscoir bolles beer, threescoir bolles aittes, lockes, bandis and yrone worke of the barnes and barneyairdis of Mulhall, pleuch gerir³ and fourscoir draweing oxen, and three scoire and ten heed of kyne and young goodis, with three hundreth heed of sheepe and aught horses and meares, with certane insight and plenishing, all lykewayes maisterfullie and violentlie reste, intromettit with and awaytakine be the said Johne Gordoune and his complices from the said Androw, lord Fraser, his landis and maines of Mulhalle, barnes and baurneyairdis therof, and from his tennentes of the said barrony, quhilkis particulares, with the samene loses and skaiths done be the said Johne Gordoune and his foirsaidis to the said Andro, lord Fraiser and his tennentes of the said barrony of Mullhall, are estimat to be worth the soume of fyve thowsand pundis money and above; and to restore and repaire his looses and skaithes abovementionat sustenit be the said Androw, lord Fraser and his tennentes in maner specified in the said decreet; and als to content and pay to him the availles, pryces, estimationes of the saidis goodis and loses abovementionat susteind be the said Androw, lord Fraiser and his tennentes in maner foirsaid, extending to the saides tuo soumes of four thousand merks and fyve thowsand pundis money foirsaid, altogidder in the haill to the soume of ellevine thowsand and fyve hundreth merkes money for the reasones and causes conteyned in the said decreete, as the samene of the dait foirsaid at mair lenth beeres, and all letters of horneing, poynding, denunciatione, apprysing, inhibitione and otheres usit therwpoun, and all apprysingis led and deduced and to be led and deduceit therwpon and all that hes fallowed or may fallow wpoun the said decreet. And willis and grantes, declaires, decernes and ordeanes that the said decreet and all executione that hes fallowed or may fallow therwpoun shall stand and be sufficient ay and whill the said Androw, lord Fraiser, his aires and assigneyes, be dewlie, fullie and compleetlie payed of the saidis soumes conteened in the said decreet, conforme therto in all poyntes, notwithstanding of whatsomevir act of pacificatione, oblivione or other act or constitutione made, or to be made, in the contrair, declairing and ordeaneing that no sicke act of pacificatione, oblivione or other act or constitutione made or to be made in this present parliament is nor shall nowayes be extendit to the said decreet abovespecifeit and soumes therincontenit, nor no executione that hes fallowed or may fallow therwpon, bot that the samene is heerby and shall be allwayes altogidder and alluterlie excepted and reserved fra the said act of pacificatione, oblivione, wther act or constitutione made or to be made in the contrair, sicklyke and alse freelie as if the same were expreslie excepted and reserved furth therof. Lykeas our said soverane lord and estates foirsaidis of this present parliament ordeanes the said decreet, soumes of money therinconteened and executione therof to be expreslie excepted and reserved furth and fra the said act of pacificatione and oblivione, and insert and contenit in the said act for that effect.