Ratification in favour of Margaret Stewart of her letters of rehabilitation

Our sovereign lord and estates of this present parliament ratify and approve the letter of rehabilitation made, given and granted by his highness, with advice and consent of his highness's trusty cousins and councillors, William [Douglas], earl of Morton, treasurer, comptroller, collector and treasurer of the new augmentations of his majesty's kingdom of Scotland for the time, and of John [Stewart], earl of Traquair, his highness's depute in the said offices for the time, and also of the other lords of his majesty's exchequer for the time, under the great seal to Margaret Stewart, daughter lawful to the late Hercules Stewart, brother to the late Francis [Stewart], sometime earl of Bothwell that last deceased, procreated between the said late Hercules and Mary Whitelaw, his spouse, whereby our said sovereign lord, with consent foresaid, of his highness's special grace and clemency, rehabilitated and reintegrated the said Margaret Stewart to her good fame, and to all whereof she was deprived and prejudiced by the process, sentence and doom of forfeiture led, deduced, given and pronounced against the said late Hercules, her said father, in a justice court held within the tolbooth of Edinburgh upon 25 July 1591, for certain crimes of treason and lese-majesty committed by him contained in the said process and sentence whereof he was convicted, and by diverse acts of parliament made thereafter and following thereupon his posterity were disqualified and made unable to possess and enjoy the lands, heritages, honours, dignities, privileges, rooms and possessions within the kingdom of Scotland. And also our said sovereign lord, with consent foresaid, accepted, received and restored the said Margaret in and to his highness's favour and grace against the said doom and sentence of forfeiture, whole accusations, crimes and contents of the same specified and contained therein and renounced, quitclaimed and discharged the same with all that had followed or might follow thereupon to and in favour of the said Margaret Stewart, her heirs and successors for ever. And likewise his majesty, with advice and consent foresaid, restored the said Margaret Stewart and her foresaids to all and sundry lands, heritages, tacks, steadings, rooms, possessions, actions, goods and gear whatsoever pertaining or which pertained or might pertain or in any way competent to her before the said forfeiture or since, to the effect that she, her heirs, successors or assignees might intromit therewith, call and pursue thereof according to the law, possess, enjoy, use and convey thereupon at their pleasure, with all profits of the same bygone and to come; and declared the said Margaret Stewart able, worthy and capable to pursue all actions competent to her in the same way and as freely in all respects and conditions as if the said sentence and doom of forfeiture had never been led nor pronounced against her said late father, and that notwithstanding the same forfeiture and whatsoever laws, civil or municipal, acts of parliament, secret council and other acts, laws or statutes of this realm made and set down or which might be extended or interpreted in the contrary hereof, regarding which our said sovereign lord, for his majesty and his successors, dispenses for now and ever; which letter of rehabilitation is of the date at Berwick, 27 July 1633, together with the said Margaret's service whereby she is served nearest and lawful heir to the said late Hercules Stewart, her said father, procreated between him and the said late Mary Whitelaw, her said mother, before the bailies of the Canongate upon 13 April 1636, together also with the retour following thereupon, in all and sundry heads, articles, clauses and conditions contained therein, after the form and tenor thereof in all points; and wills and declares that this present ratification is and shall be as valid and effectual to the said Margaret Stewart and her foresaids as if the foresaid letter of rehabilitation, service and retour were inserted herein word by word, concerning which his majesty and estates foresaid dispense for ever.

  1. NAS, PA2/22, f.222v-223v. Back
  2. 'general' has been inserted but scored through by the clerk. Back