[1646/11/383]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now convened in this sixth session of the first triennial parliament, having taken into their consideration the petition of James, late earl of Airlie (after the same was seen and considered in the several bodies of the estates) desiring an act of parliament in favour of him, his heirs and successors assuring, reinstating, restoring and reintegrating him to his honours, life, dignities, fortune, estate, lands, heritages, privileges, goods, gear and others whatsoever formerly belonging to him, declaring him able and granting to him full and free liberty and power to hold and enjoy the same without any question to be moved relating thereto for any deeds done by him in the course he has been formerly on or in relation thereto, and that notwithstanding of the process and sentence of forfeiture led and pronounced against him and as if the same had never been intended nor pronounced, as the supplication more fully bears. And herewith also considering that in the commission granted to the committee of estates by the parliament at St Andrews of 3 February 1646 there is power granted to that committee, or quorum thereof, or any other whom they shall appoint, to treat with such of the rebels as they shall think fit for reclaiming them to their due obedience, and to give full pardon, remission and discharge to such as they should think fitting who were then in the rebellion and would quit the same and live as becomes dutiful and loyal subjects of all deeds done by them in the said rebellion or in relation thereto, and to restore and reinstate them to the possession of their lands or titles of honour not conveyed or conferred before their reclaiming, and to give full assurance that the parliament should at their next session rescind all decreets or sentences given against them whereby they were secluded from their honours and dignities, and grant to them an act of oblivion; and that Major General Middleton, by virtue of a power granted to him by the said committee of estates, has given and subscribed an assurance of 23 July 1646 to James, earl of Airlie granting full assurance to him of his honour, life and fortune to be unquestioned in any of them for any deed done by him in the course he has formerly been on or in relation thereto, and that in the then next ensuing parliament he should be restored to his dignity and fortune notwithstanding of the decreet of forfeiture led against him, he appearing before the committee of estates and acting himself for his good behaviour in time coming before 1 November last, according to which he upon 30 October compeared before the said committee and acted himself to the effect aforesaid under the pain of £50,000; the said estates, after due consideration of the premises, they, in respect of the aforesaid power granted to the committee of estates by the parliament at St Andrews for reclaiming the rebels to their due obedience in manner above-specified and of the warrant granted by the committee to Major General Middleton for that effect and of the assurance aforesaid granted by him to the said James, earl of Airlie and of his becoming acted for his good behaviour under the pain above-specified, do hereby rescind the aforesaid process, decreet and sentence of forfeiture led and pronounced against the supplicant whereby he is excluded from his honours and dignities, and by this act grant to him an act of oblivion thereof, and ratify and approve the aforesaid assurance granted by the said Major General Middleton in the whole heads thereof, according to the tenor of the same in all points, and give and grant full pardon, remission and discharge to the said James, earl of Airlie of all deeds done by him in the aforesaid rebellion or in relation thereto, and restore and reinstate him to the possession of his lands and titles of honour and declare him able and grant to him full and free liberty and power to hold and enjoy his honours, life, dignities, places, fortune, estate, lands, heritages, privileges, goods, gear and others whatsoever formerly pertaining and belonging to him, except such goods and gear as were taken from him the time he was in rebellion by any person whatsoever that was not in the said rebellion, notwithstanding of the aforesaid process and sentence of forfeiture, according to his patents, rights and titles granted to him of the same and according to the act of parliament of the date 12 January 1647 made concerning these noblemen and others who were forfeited and are or shall be restored against their forfeitures.