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

280 THE FAMILY OF BURNETT OF LEYS.
according to the bands and obligationes
made be me to them as is conteened in
ilu-iii which are of the deat, at Leyis, the tuannty nyn day of October, im vi c
fiftyeone yeers ; As lykwayes th l he fullfill and performe the wholl articles, clauses
and conditiones of my band giuen to the Hospitall and poore of the Parochen of
Banchory, in all points, which is of the deat, at Leyis, the tuannty nyn day of
October, im vi c fyftie on yeers. Furthermore, becaus partly throw euill seasones
and euill cropes, partly also throw the great trubles in the country, diuerss tenents
diuersly trubled, and molested by burning, plundering, quarterings, haue been
made vnable to pay their full divides yeerly, according to their seuerall asseda-
tiones ; so that many rests and byrun diuties are in their hands, which all, if they
should be exactly taken vp by my airs and exequitours, they should not only be
vnable to labour the ground, but also altogether depauperat them selues, and
their children forced to begg ; Therfor, I ordeen, be thir
presents,
th t all byrune
diuties, fearmes, sowmes of money, or whatsoeuer compts and reackening betuix
me and them, for ground diuty, be simpliciter and fully discharged, lyk as I be
the tenor herof simpliciter and fully, and wholly discharges them all, excepting
only th l wholl and full yeers diuty wherin I happin to die and depart this lyfe ;
with this speciall prouision and condition, th' such tenents as gets all their byrune
diuties thus quytt and wholly forgiuen them, remoue not out of my ground
without my are and successour his leiue asked, and' giuen ; Otherwayes, such as
will needs remoue without leiue asked, and given, I ordeen them to pay all their
diuties befor their remouall : for my intention in quytting the byrun
diuties is to
make them the more able to labour my ground, and the more thankfully to pay
my aire and successour his ground diuty in tyme cumming, and not that they
should depart and inrich vther mens ground with the goods and geir diu to me
and myne. And least good tenents, who shall not be resting byrune diuties,
should haue occasion to grudg, and compleane th l
they got no benefit for good
payment, but th l the wost payers farre best at my hands, Therfor,
for their
incourradgment to continew still good payers, I ordeen, by thir presents, th l all
such as shall be resting no byrun diuties preceeding the yeire and crope th l I
happin to die and depart this lyfe in, gett that wholl yeers diuty, which of right
would belong to my exequitrie, quytt and frie to them selues ; or the halfe thairof
be quytt to such as are resting the halfe, or within the halfe of the former yeers
diuty, togither with the said resting diuty, lese or more, being alwayes within, or
no more then halfe of the former yeers diuty, as said is. And becaus my present
eldest oye, and apparent air and successour, is of tender yeers, minor, of nonage,
and not atteened to the age of maiority, vnable to gouerne by him selfe, and not
of solid, rype judgment, nor knowladg to decerne whoes counsell to vse for the
well of the house and family he is to succeed to, therfor I ordeen him (if it be