[1633/6/166]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering that the late William Maxwell, apparent heir of Tinwald, in a justice court held within the town of Dumfries by the late George [Home], earl of Dunbar, upon 25 July 1609, was convicted and forfeited for the crimes of lese-majesty committed by him and particularly mentioned and contained in the process, sentence and doom of forfeiture led and deduced against him relating thereto; and that his highness's late dearest father, King James VI, of worthy memory, upon certain knowledge of the good gesture, fidelity and affection given by the late Edward Maxwell, son lawful to the said late William, towards his said late highness and peace of this his kingdom, of his grace and mercy, not being willing that the posterity of the said late William for the said offences should be further punished, therefore, his highness's said late dearest father, of his highness's authority, regal favour, clemency and kingly benevolence, restored and rehabilitated the said late Edward Maxwell, his heirs and successors and all others, the heirs and posterity of the said the late William, his father, against the said forfeiture and made and declared them worthy, able and capable to conquest, acquire, possess, enjoy and use benefices, teinds with whatsoever lands, heritages, steadings, possessions, honours, dignities and offices within the said kingdom of Scotland likewise and as freely as any other faithful and obedient subject, and as if the said process and doom of forfeiture had never been led and deduced against the said late William; and for the said late Edward and posterity of the said late William, their better security, his highness's said late father promised in the word of a king to ratify and approve to the said late Edward or posterity of the said late William the said letter of grace, favour and rehabilitation, as in the same under the great seal, of the date 29 April 1619, at more length is contained. And also our said sovereign lord, understanding perfectly that the crimes for the which the said late William Maxwell was convicted and forfeited was not against his majesty's said late father, his sacred person nor estate of the kingdom, but only committed upon a certain grudge against certain persons with whom he was standing in enmity, and that the same being well-known to his highness's said late dearest father, he did not only rehabilitate the heirs and successors of the said late William, but also did promise to do the same in this next parliament; and thereupon his majesty, being willing to follow that course intended by his highness's said late dearest father and to give the successors of the said late William occasion to continue in their dutiful service in time coming, therefore his majesty and estates foresaid of this present parliament ratify and approve the said letter of grace, favour, rehabilitation, restitution and restoration therein contained in all and sundry the heads, points, clauses, articles and conditions thereof, and after the form and tenor thereof in all points, so that it is or shall be rightful and lawful to the heirs and successors whatsoever of the said late Edward and posterity of the said late William whatsoever peaceably to hold, enjoy and possess all and whatsoever lands, heritages, places, offices and dignities whatsoever falling and pertaining, and which in any way may fall and pertain to them, to enter thereto, sell, use and convey thereupon at their pleasure likewise, as freely and in all respects and conditions as if the foresaid sentence, process and doom of forfeiture had never been led nor pronounced, nor the crimes specified therein had never been committed, or as if the said process, sentence and doom of forfeiture and causes whatsoever therein contained were lawfully reduced and taken away, notwithstanding of whatsoever other gift, presentation and right, if any be granted in favour of any other person or persons upon the forfeiture of the said late William Maxwell of whatsoever his lands or others pertaining to him, or whereto he was to succeed, and of whatsoever acts of parliament, secret council, other acts, statutes or constitutions, if any be, which may be extended in the contrary. And further, for the heirs and successors of the said late William Maxwell, their better security, his majesty and estates foresaid of this present parliament rehabilitates, restores and reintegrates and also accepts, receives and restores the said heirs and successors of the said late William Maxwell of new in and to his highness's mercy, favour and grace against the said process, sentence and doom of forfeiture, whole occasions and crimes contained therein, and in and to all and sundry lands, baronies, annualrents, tacks, steadings, rooms, possessions, goods, gear and others whatsoever from the which they were debarred or might have been debarred by the said forfeiture of the said late William Maxwell; and wills and grants that they, their heirs and assignees may enter thereto, pursue, therefore possess, enjoy, use and convey thereupon at their pleasure, and makes and declares the heirs of the said late Edward Maxwell and the posterity of the said late William able, worthy and capable to receive, possess, enjoy and use honours, dignities and offices in whatsoever judgments and outwith the same in all time coming, likewise and as freely in all respects and conditions as if the foresaid sentence, process and doom of forfeiture had never been led nor pronounced against him nor the crimes therein specified had never been committed by him, notwithstanding whatsoever acts of parliament, secret council and other acts, statutes and constitutions, if any be made, which may be extended or interpreted in the contrary thereof; regarding the which, his majesty, for his highness and his successors, with consent above-written, dispenses for ever, and for that effect declares the said process and sentence and doom of forfeiture to be null and of no value, force nor effect likewise and as if the same had never been led and deduced. With power to the heirs and successors of the said late William and of the said late Edward, his son, to raise brieves, proclaim the same and thereupon obtain themselves served and retoured heirs to their predecessors and infeft in their lands and others held of the immediate lawful superiors likewise and in the same manner and as freely in all respects as if the said late William Maxwell had never been forfeited, and as if there had never been gift, presentation, infeftment or other right granted upon his said forfeiture.