The family of Burnett of Leys, with collateral - Electric Scotland

DEESIDE BURNETTS : XlII. SIR THOMAS. 67
his death, he made his will.* Composed and written by himself, it
combines the most businesslike precision with the most characteristic
individuality. Wills in those days often began with, a profession of faith,
but the exordium is here unusually full and emphatic.
"
I leave my soul
to God the Father Almighty, maker of heaven and earth, and to Jesus
Christ his only Sonne our Lord (and I believe my Lord and Redeemer
and Only Saviour), and to the Holy Ghost (my Sanctifier and Comforter),
proceeding from the Father and from the Sonne, One God and Three
Persones, Co-essentiall, Co-equall and Co-eternall, Blessed for ever and
ever : and my body to be buried in my predecessouris He and buriall-
place, now adjoyned to the church of Banchory-Ternan." He makes his
oye and apparent heir Alexander his executor, or failing him and the
heirs male of his body Alexander's brother Thomas, or failing them his
next heir male " that falls to succeed by the lawes of this Kingdom."
There is an enumeration of his debts to strangers, to his children and
grandchildren in virtue of deeds of provision, to the " man's scoole " and
" woman's scoole " and hospital of Banchory, &c. Then comes the
following provision as to his tenantry :
"
Furthermore, becaus partly
throw evill seasones and evill cropes, partly also throw the great troubles
in the country, divers tenants diversely trubled and molested by burning,
plundering, quarterings, have been made unable to pay their full duities
rests and
yearly according to their severall assedationes : so that many
byrun duities are in their hands, which all, if they should be exactly
taken up by my aires and exequitours, they should not only be unable to
labour the ground, but also altogether depauperat themselves, and their
children forced to begg ; therefore I ordain be ther presents that all
byrune duities, fearmes, sowmes of money, or whatsoever comptes and
reackoning betwixt me and them for ground duty, be simpliciter and
full discharged, lyk as I be the tenor hereof simpliciter and fully and
wholly discharges them all, excepting only the wholl and full yeir's duity
wherin I happin to die and depart this lyfe ; with this special provision
and condition that such tenants as gets all their byrune duities thus quytt
and wholly forgiven them remove not out of my ground without my aire
and successour his leive asked and given, otherwayis such as will needs
remove without leive asked and given, I ordeen them to pay all their
by it.
*The full text, printed in the Appendix, may be referred to for the family provisions made