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

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250<br />

THE FAMILY OF BURNETT OF LEYS.<br />

male and assigns aforesaid, upon the ground <strong>of</strong> the aforesaid lands <strong>of</strong> the barony<br />

and regality <strong>of</strong> Leyisburnet, or <strong>of</strong> any part there<strong>of</strong>, is and shall be in all future<br />

time a sufficient saisin for all and singular the privileges and other things specially<br />

and generally abovementioned as we have dispensed and do dispense by the<br />

tenour <strong>of</strong> this our present charter for ever ; And whereas, by the holding<br />

<strong>of</strong> the<br />

said lands and barony in free white farm as is aforesaid, and because in case <strong>of</strong><br />

defect <strong>of</strong> lawful and opportune entry <strong>of</strong> the heir or heirs male <strong>of</strong> the said Sir<br />

Thomas Burnet and their assigns succeeding to the same barony and other things<br />

aforesaid which can <strong>with</strong> difficulty be put into effect as duly and in as due time<br />

as it should, by occasion <strong>of</strong> the long<br />

distance <strong>of</strong> the same from our said realm <strong>of</strong><br />

<strong>Scotland</strong> whereby the aforesaid barony and boundaries might<br />

into the hands <strong>of</strong> us and our successors by reason <strong>of</strong> non-entry at any time, and<br />

until the lawful entry <strong>of</strong> the true male heir and male heirs <strong>of</strong> the said Sir Thomas<br />

fall and devolve<br />

and <strong>of</strong> their assigns, We, therefore, in no wise desiring that the aforesaid lands<br />

and barony at any future time should fall into non-entry, nor that the said Sir<br />

Thomas or his heirs male or assigns should be in the meantime deprived <strong>of</strong> the<br />

benefit and pr<strong>of</strong>its there<strong>of</strong>, have therefore, <strong>with</strong> the advice aforesaid, for ourselves<br />

and our successors, dispensed <strong>with</strong> the said non-entry, and, by the tenor <strong>of</strong> our<br />

present charter, do dispense there<strong>with</strong> for ever, renouncing the same wholly, and<br />

also discharging and quitclaiming the said Sir Thomas Burnet and his heirs male<br />

and assigns from the said non-entry simply whensoever the aforesaid lands and<br />

barony shall happen to have fallen into the hands <strong>of</strong> us, our heirs or successors,<br />

by reason <strong>of</strong> a non-entry, and from all action and instance thereupon to right,<br />

process and cause <strong>with</strong> all things which may be sued thereupon; Provided,<br />

nevertheless, that the heirs male <strong>of</strong> the said Sir Thomas Burnet and their assigns,<br />

<strong>with</strong>in the space <strong>of</strong> seven years after the decease <strong>of</strong> their predecessors, or after<br />

entry into possession <strong>of</strong> the aforesaid lands and barony, tender due homage for<br />

the same, by themselves or their proctors, who are to be appointed for this purpose<br />

and provided <strong>with</strong> their power, to us and our successors <strong>of</strong> the said crown and<br />

our realm <strong>of</strong> <strong>Scotland</strong>, And shall enter and be received by us and our successors<br />

unto the aforesaid lands, barony and other aforesaid things now hereinbefore<br />

mentioned ; In which case the heir or heirs male <strong>of</strong> the said Sir Thomas Burnet<br />

and their assigns shall have, enjoy, and possess all and singular the benefits and<br />

privileges there<strong>of</strong>, together <strong>with</strong> all and the whole <strong>of</strong> the said lands and barony,<br />

rents, farms, pr<strong>of</strong>its, and dues there<strong>of</strong>, and other things whatsoever particularly<br />

and generally abovementioned in similar manner and as freely as if there had<br />

never been such a non-entry, or they had never fallen into a non-entry ; Further-<br />

more, considering that virtue and industry are by no other means more advanced<br />

and stimulated than by honour and dignity, and that from that fount noble minds

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